Call for Amicus Briefs

THE SUPREME JUDICIAL COURT (Mass.) IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS SCHEDULED FOR SPRING 2013 AMICUS SUBMISSIONS ARE DUE NO LATER THAN TWO WEEKS BEFORE THE FIRST DAY OF THE SITTING IN WHICH THE CASE IS SCHEDULED FOR ARGUMENT

SJC-11358 Commonwealth (Mass.) v. Leon Gelfgatt

In this reported case in which the defendant was charged with forgery, uttering and attempt to commit a crime, the issues are the lawfulness of compelling the defendant to decrypt or provide an encryption key for information contained on a lawfully seized computer; whether compelling the provision of such information violates a defendant’s privilege against self-incrimination.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.  Oral Argument is scheduled for mid November 2013.

GELFGATT – Amicus

GELFGATT – Commonwealth’s Principal Brief

GELFGATT – Commonwealth’s Reply Brief

GELFGATT – Defendant’s Brief

February 2013

SJC-11480

Commonwealth vs. John Rex

July 5, 2013 – ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether indictments charging the defendant with possession of child pornography were properly dismissed on the ground that the photographs in question did not depict a lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child within the meaning of G. L. c. 272, s. 29C (vii), where the photographs were photocopied and cropped from various nonpornographic sources (i.e., National Geographic, a sociology textbook, and a naturist publication) and were stored with sexual and other material in the defendant’s possession. Argument is scheduled in Winter 2013-2014.

Contact Varsha.Kukafka@state.ma.us via email or (781) 830-4800, ext. 324

REX COMM BRIEF SJC11480

REX DEF BRIEF SJC 11480

REX COMM REPLY BRIEF SJC11480

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