Commonwealth v. VasquezAnnotate this Case
The Supreme Judicial Court denied Defendant's motion for attorney's fees and costs made by an attorney who claimed to have been privately retained by Defendant for the purpose of opposing the Commonwealth's application for leave to appeal, holding that no attorney's fees are required under Mass. R. Crim. P. 15(d) in this situation.
Defendant, who was indigent, was convicted of murder in the second degree and two firearm offenses. Before trial, Defendant filed motions to suppress a variety of evidence. After the trial judge ruled on the motions, both sides sought leave to appeal from the rulings that were adverse to them. The Supreme Court affirmed in part and reversed in part. At issue was the attorney's fees request by the attorney claiming to be privately retained by Defendant. The Supreme Judicial Court denied the request, holding that Rule 15(d) was not meant for attorneys who represent defendants whom they know to be indigent and from whom they never expect to receive payment.