Commonwealth v. D.M.Annotate this Case
The Supreme Judicial Court reversed the judgment of a single justice of the court denying the Commonwealth’s petition for relief from an interlocutory order of the juvenile court, holding that the single justice abused her discretion in declining to employ the court’s power of superintendence to rectify an error of the trial judge.
After he was arrested an firearm-related charges, D.M., a juvenile, sought an order requiring the Commonwealth to disclose the identity of its informant and other related information. The judge allowed the juvenile’s motion, determining that the Commonwealth had properly asserted an informant privilege and that D.M. had adequately challenged the assertion of the privilege. The Commonwealth filed a Mass. Gen. Laws ch. 211, 3 petition seeking reversal of the interlocutory ruling and arguing that the judge erred in allowing the juvenile’s motion. The single justice denied the petition. The Supreme Judicial Court reversed, holding that the judge’s analysis was erroneous, and the analytical error should not stand.