Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 28E (2026)

Appeals by commonwealth

✓ current as of July 2026

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Section 28E. An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the district court to the appeals court in all criminal cases and in all delinquency cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, (2) allowing a motion to suppress evidence, or (3) denying a motion to transfer pursuant to section sixty-one of chapter one hundred and nineteen.

An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the superior court to the supreme judicial court in all criminal cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, or (2) allowing a motion for appropriate relief under the Massachusetts Rules of Criminal Procedure.

An application for an appeal from a decision, order or judgment of the superior court determining a motion to suppress evidence prior to trial may be filed in the supreme judicial court by a defendant or by and on behalf of the commonwealth by the attorney general or a district attorney. If such application is denied, or if such application is granted but the interlocutory appeal is heard by a single justice, the determination of the motion to suppress evidence shall be open to review by the full court after trial in the same manner and to the same extent as determinations of such motions not appealed under the interlocutory procedure herein authorized.

Rules of practice and procedure with respect to appeals authorized by this section shall be the same as those applicable to criminal appeals under the Massachusetts Rules of Appellate Procedure.

Notes of Decisions

Cited in 223 cases (6 in the last 5 years), 1970–2026 · leading case: Commonwealth v. Amirault, 612 N.E.2d 631 (Mass. 1993).

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Commonwealth v. Amirault, 612 N.E.2d 631 (Mass. 1993). · cites it 18× “" The defendants suggest that the omission of a specific right to appeal from the language of G.L.c. 278, § 28E (1990 ed.), indicates a legislative intention to preclude the Commonwealth from appealing a judge's order on a motion to revise or revoke.”

Commonwealth v. Therrien, 420 N.E.2d 897 (Mass. 1981). · cites it 14× “The court, nevertheless, in a strained interpretation of G.L.c. 278, § 28E, and the Massachusetts Rules of Criminal Procedure, brings about a fundamental change of our law which clearly was never contemplated, either by the Legislature as it revised G.”

Commonwealth v. Yelle, 459 N.E.2d 461 (Mass. 1984). · cites it 14× “882 (1979), and G. L. c. 278, § 28E, for relief from the Superior Court judge’s ruling.”

Commonwealth v. Moon, 405 N.E.2d 947 (Mass. 1980). · cites it 3× “A single justice of this court granted the Commonwealth’s application under G. L. c. 278, § 28E, 1 for an interlocutory appeal and transferred the appeal to the Appeals Court for hearing.”

Commonwealth v. Quispe, 744 N.E.2d 21 (Mass. 2001). · cites it 5× “The Commonwealth filed a notice of appeal pursuant to G. L. c. 278, § 28E, and a petition for relief under G.”

Commonwealth v. Gonsalves, 739 N.E.2d 1100 (Mass. 2000). · cites it 5× “Murphy, supra, that payment of orders entered under rule 15 (d), is, in the absence of payment by AOTC, to be made by prosecutors.”

Commonwealth v. Jordan, 12 N.E.3d 371 (Mass. 2014). · cites it 4× “However, under G. L. c. 278, § 28E, and Mass. R. Crim. P.”

Commonwealth v. Simon, 923 N.E.2d 58 (Mass. 2010). · cites it 2× “Pursuant to G. L. c. 278, § 28E, and Mass. R. Crim. P.”

Rosenberg v. Commonwealth, 360 N.E.2d 333 (Mass. 1977). · cites it 4× “” On May 12, 1975, following a hearing at the Commonwealth’s request, the judge issued a “Memorandum and *61 Order Revoking Order of Dismissal” of the complaint and the indictment on the ground that since the two crimes charged were misdemeanors the Commonwealth would not be…”

Commonwealth v. Taylor, 704 N.E.2d 170 (Mass. 1999). · cites it 4× “Interlocutory appeals by the Commonwealth in criminal cases are governed by G. L. c. 278, § 28E. The statute states in pertinent part: “An appeal may be taken by and on behalf of the com *625 monwealth by the attorney general or a district attorney from the district court to the…”

Commonwealth v. Taylor, 374 N.E.2d 81 (Mass. 1978). · cites it 3× “The Commonwealth applied for interlocutory appeal pursuant to G. L. c. 278, § 28E, and leave was granted by a single justice of this court.”

Commonwealth v. Friend, 470 N.E.2d 788 (Mass. 1984). · cites it 5× “Because it is impossible to give full effect to the implications of G. L. c. 278, § 28E, and G. L. c. 211A, § 10, read separately, we must determine whether the wording of G.”

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