Commonwealth v. YasinAnnotate this Case
The Supreme Judicial Court dismissed the Commonwealth's appeal from the trial court's allowance of Defendant's motion filed under Mass. R. Crim. P. 25(a), holding that the trial judge erred in reserving decision on Defendant's Rule 25(a) motion and that the error violated Defendant's right to due process and permeated the remainder of the trial.
Defendant was charged with murder in the first degree. At the close of the Commonwealth's case Defendant moved for a required finding of not guilty pursuant to Rule 25(a). The judge reserved decision and submitted the case to the jury. The jury found Defendant guilty of murder in the second degree. Defendant subsequently renewed his motion under Rule 25(a). The judge allowed the motion, nunc pro tunc, to the close of the Commonwealth's case. The Commonwealth petitioned for relief under Mass. Gen. Laws ch. 211, 3. The Supreme Judicial Court denied relief, holding (1) in allowing the motion for a required finding nunc pro tunc after the jury returned their verdict the judge deprived the Commonwealth of its right to appeal from a postverdict acquittal; but (2) because the initial error in reserving decision on the motion implicated Defendant's constitutional rights and infected the remainder of the trial, the Commonwealth could not appeal.