Opinion

Commonwealth v. Hilaire

  • 437 Mass. 809
  • 777 N.E.2d 804
  • 2002 Mass. LEXIS 640
Court
Massachusetts Supreme Judicial Court
Filed
Oct 18, 2002
Status
Published
Author
Ireland
On the bench
Ireland, Sosman
Cited by
37 cases

requiring that warnings be given orally in the words of the statute and allowing defendant’s motion to withdraw admission to sufficient facts and for new trial where colloquy did not “identify the immigration consequence that the defendant is now suffering”

How later courts described this case

  • requiring that warnings be given orally in the words of the statute and allowing defendant’s motion to withdraw admission to sufficient facts and for new trial where colloquy did not “identify the immigration consequence that the defendant is now suffering”
  • concluding that, pursuant to § 10(c), M.G.L. c. 258 did not entitle the defendant public official to immunity because he had been sued individually for an intentional tort
  • invalidating warning where colloquy did not “identify the immigration consequence that the defendant is now suffering”
  • “With the commencement of deportation proceedings against [the defendant], there is no dispute that the defendant ‘may’ suffer one of the enumerated immigration consequences . . .”

Written by the judges who cited it.

The opinion

Ireland, J.

(concurring). I concur with the court in this case *820 for the same reason that I dissented in Commonwealth v. Villalobos, ante 797, 806 (2002).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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