Commonwealth v. Eisen

Commonwealth v. Karl G. Eisen

Commonwealth v. Eisen, 334 N.E.2d 14 (Mass. 1975)

Court: Massachusetts Supreme Judicial Court · State Highest Courts
Decided: September 5, 1975
Citations: 334 N.E.2d 14368 Mass. 8131975 Mass. LEXIS 1095

Cited by 7

Opinion of the Court

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The defendant died following the argument of this appeal under G. L. c. 278, §§ 33A-33G. Earlier convictions arising out of the same events were considered in Commonwealth v. Eisen, 358 Mass. 740 (1971), and Eisen v. Picard, 452 F. 2d 860 (1st Cir. 1971), cert. den. 406 U. S. 950 (1972). Thereafter the defendant was retried, and he has brought this appeal from a conviction of murder in the second degree. When a criminal defendant dies pending his appeal, normally the judgment should be vacated and the indictment dismissed. This is the general practice *814 elsewhere. Durham v. United States, 401 U. S. 481 (1971). State v. Carter, 299 Atl. 2d 891 (Maine 1973). State v. Marzilli, 111 R. I. 392 (1973). The asserted general importance of certain issues and counsel’s able presentation of his client’s appeal do not justify a different result. Any personal interest in vindication which a member of the defendant’s family may have is not sufficiently substantial to warrant our deciding the appeal. Cf. St. Pierre v. United States, 319 U. S. 41 (1943); Wetzel v. Ohio, 371 U. S. 62, 65 (1962) (Douglas, J., concurring). Although given an opportunity to do so, neither the Commonwealth nor the defendant’s counsel has advanced any other reason why a decision on this appeal should be made. The matter of counsel fees will be decided by a single justice of this court.

P. J. Piscitelli (Robert E. Klein with him) for the defendant. Helen Murphy Doona, Assistant District Attorney, for the Commonwealth.

Judgment on indictment No. 41052 vacated; the case is remanded to the Superior Court where that indictment shall be dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

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Relies on it most ⓘ

Commonwealth v. Hernandez118 N.E.3d 107 (Mass. 2019)
State v. Burrell837 N.W.2d 459 (Minn. 2013)
Commonwealth v. Harris398 N.E.2d 726 (Mass. 1980)
State v. Blake371 N.E.2d 843 (Ohio Ct. App. 1977)
State v. Gomes554 P.2d 235 (Haw. 1976)
Commonwealth v. Latour493 N.E.2d 500 (Mass. 1986)

Most recent

Commonwealth v. Hernandez118 N.E.3d 107 (Mass. 2019)
State v. Burrell837 N.W.2d 459 (Minn. 2013)
Commonwealth v. Latour493 N.E.2d 500 (Mass. 1986)
Commonwealth v. Harris398 N.E.2d 726 (Mass. 1980)
Commonwealth v. Strother378 N.E.2d 958 (Mass. 1978)
State v. Blake371 N.E.2d 843 (Ohio Ct. App. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	St. Pierre v. United States, 319 U.S. 41 (1943)	251
	Durham v. United States, 401 U.S. 481 (1971)	133
	Eisen v. Picard, 452 F.2d 860 (1st Cir. 1971)	27
	Wetzel v. Ohio, 371 U.S. 62 (1962)	17
	Commonwealth v. Eisen, 267 N.E.2d 229 (Mass. 1971)	15

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