Wassilie v. Commonwealth

4 Citing cases

  1. Commonwealth v. Wassilie

    482 Mass. 562 (Mass. 2019)   Cited 27 times

    The single justice denied the appeal, which we affirmed, noting that because the defendant had not yet been convicted, no double jeopardy issues were present. See Wassilie v. Commonwealth, 477 Mass. 1033, 1033-1034, 80 N.E.3d 333 (2017).At the start of his jury trial, the defendant again filed a motion to dismiss, which was denied.

  2. Starks v. Commonwealth

    100 N.E.3d 352 (Mass. 2018)

    We have recognized a very limited exception "where [a] motion to dismiss raises a double jeopardy claim of substantial merit." Wassilie v. Commonwealth, 477 Mass. 1033, 1034, 80 N.E.3d 333 (2017), quoting Watkins v. Commonwealth, 469 Mass. 1006, 1006, 12 N.E.3d 1009 (2014). That exception is not applicable here. If Starks is convicted of one or more offenses, his claims of due process violations in the grand jury proceedings can be raised in the ordinary course of appeal. Bateman, 449 Mass. at 1025, 868 N.E.2d 606 (defendant not entitled to review under G. L. c. 211, § 3, of evidence before grand jury or integrity of grand jury proceedings).

  3. Starks v. Commonwealth

    SJC-12468 (Mass. Jul. 2, 2018)

    We have recognized a very limited exception "where [a] motion to dismiss raises a double jeopardy claim of substantial merit." Wassilie v. Commonwealth, 477 Mass. 1033, 1034 (2017), quoting Watkins v. Commonwealth, 469 Mass. 1006, 1006 (2014). That exception is not applicable here. If Starks is convicted of one or more offenses, his claims of due process violations in the grand jury proceedings can be raised in the ordinary course of appeal. Bateman, 449 Mass. at 1025 (defendant not entitled to review under G. L. c. 211, § 3, of evidence before grand jury or integrity of grand jury proceedings).

  4. Calzado v. Com.

    479 Mass. 1033 (Mass. 2018)   Cited 6 times

    We have recognized a very limited exception "where a motion to dismiss raises a double jeopardy claim of substantial merit." Wassilie v. Commonwealth, 477 Mass. 1033, 1034, 80 N.E.3d 333 (2017), quoting Watkins v. Commonwealth, 469 Mass. 1006, 1006, 12 N.E.3d 1009 (2014). That exception does not apply here. Calzado argues that the Superior Court lacks jurisdiction to try him for any offense other than the one for which he was extradited or for any offense that he allegedly committed while in the Dominican Republic. Questions of jurisdiction are routinely addressed on direct appeal after a final judgment.