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Appeals court weighs whether defendant—s request to combine motion and trial precludes due-process challenge in Commonwealth v. Boutet
Summary
The Massachusetts Appeals Court on March 6 heard argument in Commonwealth v. Boutet over whether combining a motion to suppress and a bench trial at the defendant—s request produced a substantial risk of a miscarriage of justice under SJC precedent.
The Appeals Court on March 6 heard argument in Commonwealth v. Boutet (24-P-467), a criminal appeal challenging the use of combined proceedings — a simultaneous motion-to-suppress hearing and bench trial — after the defendant asked the lower court to proceed that way to resolve bail and related matters.
Attorney Kim Peterson, representing appellant Kevin Boutet, told the panel that the transcript and record were “replete” with procedural confusion and that the combined format produced a “convoluted” record that presents a substantial risk of a miscarriage of justice under controlling Supreme Judicial Court decisions including Commonwealth v. Love. Peterson urged the court to overturn the conviction because the process merged motion and trial testimony and…
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