Massachusetts General Laws
Mass. Gen. Laws ch. 278, § 28 (2026)
Appeal to supreme judicial court
✓ current as of July 2026
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Section 28. A defendant aggrieved by a judgment of the district court or of the superior court in any criminal proceeding may appeal therefrom to the supreme judicial court.
Notes of Decisions
Cited in 23
cases (1 in the last 5 years), 1925–2026 · leading case: Commonwealth v. Bruneau, 36 N.E.3d 3 (Mass. 2015).
Commonwealth v. Bruneau, 36 N.E.3d 3 (Mass. 2015). “We are asked in this case to determine whether a defendant who has been found not guilty of murder in the second degree by reason of mental illness may appeal from his conviction pursuant to G. L. c. 278, § 28, or, whether, as the Commonwealth contends, the sole avenue by which…”
Commonwealth v. Angiulo, 615 N.E.2d 155 (Mass. 1993). “After sentencing, the judge advised the defendant of his right to appeal citing G.L.c. 278, § 28 (1990 ed.). The defendant's appeal originally was entered in the Appeals Court.”
Commonwealth v. Marinho, 981 N.E.2d 648 (Mass. 2013). “G. L. c. 278, § 28. See Commonwealth v. Cowie, 404 Mass.”
Commonwealth v. Hernandez, 118 N.E.3d 107 (Mass. 2019). “, G. L. c. 278, § 28 (authorizing appeal by persons aggrieved by judgment of District or Superior Court); G.”
Pires v. Commonwealth, 370 N.E.2d 1365 (Mass. 1977). “, G. L. c. 278, §§ 28,31; c. 211A, § 10. Where, as in the present situation, the Superior Court trial has not been made subject to the more commonly employed procedure provided by G.”
Foxworth v. St. Amand, 929 N.E.2d 286 (Mass. 2010). “G. L. c. 278, § 28. With one exception not relevant here, the Appeals Court and this court share concurrent jurisdiction over criminal appeals.”
Mann v. Commonwealth, 271 N.E.2d 331 (Mass. 1971). “Whether the validity of the Superior Court sentence may be challenged by a writ of error when the petitioner has not perfected an appeal under G. L. c. 278, § 28, or G. L. c. 278, §§ 33A-33G.”
Commonwealth v. Berney, 233 N.E.2d 739 (Mass. 1968). “The appeals are under G. L. c. 278, § 28, which provides, so far as material, that “A defendant aggrieved by a judgment of the superior court founded upon matter of law apparent upon the record in any criminal proceeding .”
Commonwealth v. Friend, 470 N.E.2d 788 (Mass. 1984). “, G. L. c. 278, § 28 (Ter. Ed. 1932); *313 G.”
Commonwealth v. Frank, 680 N.E.2d 67 (Mass. 1997). “In that motion, the defendant claimed that he had been denied effective assistance of counsel because his counsel had failed to raise the defense that he was not responsible for his actions toward his stepdaughter because of posttraumatic stress.”
Commonwealth v. Landry, 376 N.E.2d 1243 (Mass. App. Ct. 1978). “His appeal under G. L. c. 278, § 28, brings us only "matter[s] of law apparent upon the record.”
Commonwealth v. Swist, 644 N.E.2d 650 (Mass. App. Ct. 1995). “founded upon matter of law apparent upon the record” and, therefore, not properly before the court on direct appeal pursuant to G. L. c. 278, § 28, as then in effect and later incorporated into the rules of appellate procedure.”
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