Commonwealth v. Feliz (Lawyers Weekly No. 12-041-17)

COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss.                                                                                                                                                                    SUPERIOR COURT

                                 CRIMINAL ACTION

  1. 16-00077

 

 

 

 

                                                           COMMONWEALTH

 

                                                                             vs.

 

                                                                  ERVIN FELIZ

 

 

 

                                   FINDINGS OF FACT, RULINGS OF LAW, AND

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Posted by Stephen Sandberg - April 24, 2017 at 8:33 pm

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Perullo v. Advisory Committee on Personnel Standards (Lawyers Weekly No. 10-064-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12095

RENEE PERULLO  vs.  ADVISORY COMMITTEE ON PERSONNEL STANDARDS.

Suffolk.     January 9, 2017. – April 24, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Lowy, & Budd, JJ.[1]

Public Employment, Removal.  Trial CourtDistrict Court.  Due Process of Law, Employment, Termination of employment.

Civil action commenced in the Superior Court Department on January 12, 2015.

The case was heard by Elizabeth M. Fahey, J., on motions for judgment on the pleadings.

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Posted by Stephen Sandberg - April 24, 2017 at 4:59 pm

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Commonwealth v. Garcia (Lawyers Weekly No. 10-062-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12125

COMMONWEALTH  vs.  DOUGLAS GARCIA.

Essex.     December 6, 2016. – April 21, 2017.

Present (Sitting at Lawrence):  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Rape.  Evidence, Conversation between husband and wife, Impeachment of credibility.  Witness, Impeachment.

Indictment found and returned in the Superior Court Department on August 4, 2010.

The case was tried before Richard E. Welch, III, J.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.

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Posted by Stephen Sandberg - April 22, 2017 at 4:09 am

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Commonwealth v. Baldwin (Lawyers Weekly No. 10-063-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12188

COMMONWEALTH  vs.  SHAWN A. BALDWIN.

 

Evidence, Spontaneous utterance.

April 21, 2017.

The defendant, Shawn A. Baldwin, is awaiting trial in the District Court on charges involving alleged domestic violence.  Both the Commonwealth and the defendant filed motions in limine concerning the admissibility of a recording of a 911 call placed by the six year old son of the defendant and the alleged victim.  The Commonwealth argued that the boy’s statements — including, “my dad just choked my mom” — were admissible as nontestimonial excited utterances.  The defendant asserted that the statements were not excited utterances and that their admission would violate his right of confrontation.  After a hearing at which the recording was played, the judge ordered that the recording be excluded on the ground that the boy’s voice appeared “calm,” and that the statements on the recording therefore were not “excited” utterances.

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Posted by Stephen Sandberg - April 22, 2017 at 12:35 am

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Commonwealth v. Gallagher (Lawyers Weekly No. 11-046-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

16-P-192                                        Appeals Court

COMMONWEALTH  vs.  JUDITH A. GALLAGHER.

No. 16-P-192.

Hampden.     February 7, 2017. – April 21, 2017.

Present:  Green, Meade, & Agnes, JJ.

Motor Vehicle, Operating under the influence.  Intoxication. Evidence, Intoxication, Opinion.  Practice, Criminal, Witness.  Witness, Police officer.

Complaint received and sworn to in the Chicopee Division of the District Court Department on June 30, 2014.

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Posted by Stephen Sandberg - April 21, 2017 at 9:00 pm

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Caira v. Zurich American Insurance Co. (Lawyers Weekly No. 11-045-17)

Posted by Stephen Sandberg - April 21, 2017 at 5:25 pm

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Commonwealth v. Tejeda (Lawyers Weekly No. 10-061-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12187

COMMONWEALTH  vs.  JOSEFA TEJEDA.

Suffolk.     December 8, 2016. – April 20, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Misleading a Police Officer.

Complaint received and sworn to in the Roxbury Division of the Boston Municipal Court Department on October 8, 2014.

A motion to dismiss was heard by David Weingarten, J., and a motion for reconsideration was considered by him.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.

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Posted by Stephen Sandberg - April 20, 2017 at 4:22 pm

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Commonwealth v. Holland (Lawyers Weekly No. 10-060-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-08737

COMMONWEALTH  vs.  DANIEL L. HOLLAND.

Norfolk.     November 10, 2016. – April 19, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, & Lowy, JJ.

Homicide.  Armed Home Invasion.  Constitutional Law, Assistance of counsel, Fair trial.  Practice, Criminal, Capital case, Postconviction relief, Assistance of counsel, Fair trial, Comment by judge.  Mental Impairment.  Insanity.

Indictments found and returned in the Superior Court Department on November 18, 1998.

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Posted by Stephen Sandberg - April 19, 2017 at 3:20 pm

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Gannon v. City of Boston (Lawyers Weekly No. 10-059-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12136

SEAN GANNON  vs.  CITY OF BOSTON.

Suffolk.     December 8, 2016. – April 18, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.[1]

Anti-Discrimination Law, Handicap, Employment, Burden of proof.  Employment, Discrimination.  Handicapped Persons.  Municipal Corporations, Police.  Public Employment, Police.  Practice, Civil, Summary judgment, Burden of proof.

Civil action commenced in the Superior Court Department on September 27, 2012.

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Posted by Stephen Sandberg - April 18, 2017 at 5:52 pm

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Commonwealth v. Morgan (Lawyers Weekly No. 10-058-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12114

COMMONWEALTH  vs.  JOEL D. MORGAN.

Middlesex.     December 6, 2016. – April 18, 2017.

Present (Sitting at Lawrence):  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.[1]

Veteran.  Motor Vehicle, Operating under the influence.  Controlled Substances.  Practice, Criminal, Continuance without a finding, Dismissal.

Complaint received and sworn to in the Lowell Division of the District Court Department on October 3, 2014.

A motion for pretrial diversion was heard by Barbara S. Pearson, J., and questions of law were reported by her to the Appeals Court.

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Posted by Stephen Sandberg - April 18, 2017 at 2:17 pm

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