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Appeals court considers whether judge erred in correcting decades-old docket ambiguity
Summary
The court heard argument in Commonwealth v. Tbolt about whether a motion judge properly used Rule 42 to treat a decades-old docket entry as a clerical error and convert an apparent conviction into a continuation without a finding.
The Massachusetts Appeals Court heard argument Feb. 13 in Commonwealth v. Tbolt (docket 24P758) over whether a motion judge abused discretion by treating an ambiguous 1990s docket entry as a clerical error and effectively altering a past disposition. The Commonwealth argued the motion judge lacked a factual basis to disturb the record; defense counsel urged that the docket’s inconsistent markings (a checked “continuance without a…
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