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Appeals court revisits 'special circumstances' standard in plea-withdrawal dispute
Summary
The appeals court on Wednesday considered whether a remand hearing to determine "special circumstances" was proper in Commonwealth v. Lopes, a case where the defendant claims family dependency and other factors made rejection of a plea rational.
The appeals court heard argument in Commonwealth v. Lopes about whether a lower court properly held an evidentiary hearing on remand to determine whether the defendant had "special circumstances" that made it rational to refuse a plea offer. Counsel debated the effect of an earlier appeals-panel decision and whether the remand and hearing were consistent with that opinion.
Assistant District Attorney (Plymouth County) argued the appeals panel already had decided the legal question and that the trial judge erred in holding a second evidentiary hearing. "The appeals court…
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