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defendant trying to get to vacate a civil judgment in gentle of the invalidated felony conviction ought to shift separately for reduction from that judgment underneath Mass. R. Civ. P. 60 (b), 365 Mass. 828 (1974), which permits relief in circumstances in which "a prior judgment upon which [an get] is predicated has actually been reversed or usually vacated." In which a defendant moves for these kinds of relief, the movement choose must establish whether the civil judgment can stand Regardless of the invalidation in the legal conviction. In contrast with a prison conviction, which necessitates evidence past a reasonable doubt, [Take note ten] a civil judgment involves evidence only by a preponderance in the proof, see Baker v. Parsons, 434 Mass. 543, 554 n.eighteen (2001), and that proof might be acquired through evidence separate and in addition to The very fact of conviction. Actually, below Massachusetts regulation, a civil judgment might be acquired through collateral estoppel (also referred to as problem preclusion) determined by a felony conviction only the place the defendant is observed guilty at trial; admissions produced by a defendant during a guilty plea colloquy do not result in collateral estoppel, Though they may be admitted in evidence within the civil circumstance.
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And what takes place When the target no longer has a chance to repay the restitution amount, or is monetarily equipped but unwilling to repay? We need not deal with these issues given that they will not be offered in these circumstances, but it really might not be long just before we confront a scenario that requires their resolution. d. Fines. Environmentally friendly seeks a refund in the $5,000 in fines and surfines paid as Element of her sentence on two invalidated drug convictions. Although the refund of fines wasn't at challenge in Nelson, Eco-friendly claims that she's entitled to some refund under the owing system concepts founded in Nelson for the reason that her drug convictions have been invalidated and also the fines were exacted from her on and as being a consequence of All those convictions. We agree that there is no explanation to exclude fines and surfines through the class of payments that must be refunded to a defendant to be a make a difference of because of method where by the defendant was ordered to pay All those fines and surfines only like a consequence of the subsequently invalidated conviction. See Commonwealth v. Accime, 476 Mass. 469, 477 & n.13 (2017) (where by conviction is vacated, "defendant may very well be entitled to the refund of any high-quality he can have compensated").