Commonwealth v. Rosario

Summary

The Massachusetts Supreme Judicial Court held that Mass. R. Crim. P. 15(d) requires the Commonwealth to pay a defendant’s reasonable attorney’s fees and costs incurred in opposing an interlocutory appeal, even when the appeal is withdrawn after the underlying indictments are nol prossed. The court reversed the denial of the defendant’s fee motion and remanded for an award of $2,500.

Holdings

1. Mass. R. Crim. P. 15(d) mandates payment of a defendant's reasonable attorney's fees and costs incurred in opposing the Commonwealth's interlocutory appeal application, regardless of whether leave to appeal is allowed and, if allowed, regardless of whether the Commonwealth prevails or the appeal reaches completion. The rule applies even when the underlying case is nol prossed before the appeal is entered.
2. Rosario was entitled to an award of $2,500 in reasonable attorney's fees and costs.

Questions Presented

1. Whether Mass. R. Crim. P. 15(d) authorizes an award of reasonable attorney's fees and costs when the Commonwealth obtains leave for an interlocutory appeal but the appeal is never entered because the underlying criminal case is nol prossed.
2. Whether Rosario was entitled to a specific award of attorney's fees and costs based on the record.

Disposition

reversed_and_remanded