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defendant trying to get to vacate a civil judgment in mild of an invalidated prison conviction have to shift individually for reduction from that judgment below Mass. R. Civ. P. 60 (b), 365 Mass. 828 (1974), which allows for reduction in conditions wherever "a previous judgment upon which [an buy] is based has been reversed or usually vacated." The place a defendant moves for such aid, the movement decide should identify whether the civil judgment can stand Regardless of the invalidation with the felony conviction. In distinction by using a felony conviction, which necessitates proof outside of a reasonable doubt, [Note ten] a civil judgment needs proof only by a preponderance on the proof, see Baker v. Parsons, 434 Mass. 543, 554 n.eighteen (2001), and that proof might be received by means of evidence individual and other than the fact of conviction. In actual fact, underneath Massachusetts legislation, a civil judgment could be received as a result of collateral estoppel (generally known as issue preclusion) based on a prison conviction only in which the defendant has been uncovered responsible at trial; admissions created by a defendant for the duration of a guilty plea colloquy tend not to bring about collateral estoppel, Though they may be admitted in evidence while in the civil scenario.
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Listed here, each of the counts for which both equally defendants were sentenced to probation are invalidated. Subsequently, all compensated probation fees need to be refunded given that they had been compensated solely as a consequence of People invalidated convictions. b. Sufferer-witness assessments. As with probation charges, the place a defendant is sentenced on only one conviction, the victim-witness evaluation ordered under G. L. c. 258B, § 8, is exacted with the defendant only being a best website consequence of that conviction. Any quantity compensated have to consequently be returned in which the conviction is invalidated and it is determined that the situation will likely not or can not be retried. But where by a defendant is sentenced on various indictments or counts of a criticism, due system would not require the refund of the victim-witness assessment imposed on an invalidated conviction wherever a surviving conviction also would've expected the imposition of a target-witness evaluation under G. L. c. 258B, § eight. As utilized listed here, all of Inexperienced's convictions have been invalidated, so she's entitled to the refund of the victim-witness assessments paid to be a consequence of All those convictions. In contrast, Martinez's drug convictions were being invalidated, but his conviction of unlicensed Procedure of the motorized vehicle wasn't. Webpage 787
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