Irwin v. Commonwealth
465 Mass. 834
| Mass. | 2013Background
- Interlocutory appeal under the doctrine of present execution may be taken to challenge a denial to dismiss a G. L. c. 258D claim.
- Irwin’s conviction for indecent assault and battery on a child under fourteen was later reversed by the Appeals Court due to improper use of his prearrest silence as consciousness of guilt.
- Commonwealth filed a compensation claim under G. L. c. 258D; the Superior Court held Irwin eligible and denied the Commonwealth’s motion to dismiss.
- The Appeals Court vacated the conviction reversal, leading to the Commonwealth’s interlocutory appeal on the issue of eligibility.
- The Supreme Judicial Court (SJC) addresses (a) whether present execution applies to c. 258D claims and (b) whether Irwin’s reversal rested on grounds tending to establish innocence.
- The SJC ultimately holds Irwin is not eligible because his reversal was not on grounds probative of innocence; case is remanded for judgment for the Commonwealth.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether present execution allows interlocutory appeal | Irwin’s eligibility issue collateral to merits | Commonwealth immunity requires immediate appeal | Yes, interlocutory appeal permitted |
| Whether Irwin is an eligible claimant under c. 258D §1(B)(ii) | Grounds tended to establish innocence; reversal supports eligibility | Reversal based on prearrest silence is not innocence-grounded | Irwin not eligible; grounds not probative of innocence |
| What constitutes 'grounds which tend to establish the innocence' | Any ground probative of innocence suffices | Only exculpatory evidence omissions or similar direct innocence grounds count | Grounds must rest on facts probative of innocence; Irwin’s ground not so proven |
Key Cases Cited
- Guzman v. Commonwealth, 458 Mass. 354 (Mass. 2010) (defining 'grounds which tend to establish innocence' and eligibility boundaries)
- Drumgold v. Commonwealth, 458 Mass. 367 (Mass. 2010) (reversal based on failure to disclose credibility-impacting evidence can tend to establish innocence)
- Commonwealth v. Nickerson, 386 Mass. 54 (Mass. 1982) (prearrest silence as impeachment; limits and fairness concerns)
- Commonwealth v. Stuckich, 450 Mass. 449 (Mass. 2008) (limits on using consciousness-of-guilt instructions; reliability concerns)
- Brum v. Dartmouth, 428 Mass. 684 (Mass. 1999) (immunity and appealability principles; collaterality of immunity rulings)