Word: brandano
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Under the Brandano procedure, the judge would reject the plea of guilty, offer pre-trial probation, continue the case for a period of two years and ultimately dismiss the case without a final finding...
Lawyers for Gomes and Pomey asked Agnes to follow the 1971 Brandano precedent by dismissing the guilty pleas of their clients, granting them pre-trial probation, continuing the case for a period of two years and ultimately dismissing the case without a final finding...
...Bedrosian argued that although Brandano allows a judge to reject a guilty plea, an Aug. 23 decision by the Supreme Judicial Court, Commonwealth v. Tim T., said a judge could not do so over the objections of the Commonwealth...
...Although Brandano did raise the constitutional question of whether a judge had the authority to dismiss a case over the objections of the Commonwealth, Agnes said that Tim T. did not answer that question...
...Contrary to the Commonwealth’s argument, the Supreme Judicial Court has not overruled Brandano or decided the constitutional question left open in Brandano,” he wrote in his decision...