News

In the Matter of Moran, Robert C. (Lawyers Weekly No. 10-068-18)

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Posted by Massachusetts Legal Resources - April 20, 2018 at 2:47 pm

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Carey, et al. v. Commissioner of Correction (Lawyers Weekly No. 10-067-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12369

MICHAEL CAREY & others[1]  vs.  COMMISSIONER OF CORRECTION.

Suffolk.     January 8, 2018. – April 19, 2018.

Present:  Gants, C.J., Lowy, Budd, Cypher, & Kafker, JJ.

Commissioner of CorrectionRegulationAdministrative Law, Agency’s interpretation of regulation, Administrative Procedure Act.  State Administrative Procedure Act.

Civil action commenced in the Superior Court Department on January 2, 2014.

The case was heard by Joseph F. Leighton, Jr., J., on motions for summary judgment. read more

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Posted by Massachusetts Legal Resources - April 19, 2018 at 5:18 pm

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Commonwealth v. Tahlil (Lawyers Weekly No. 10-062-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12338

COMMONWEALTH  vs.  ADNAN TAHLIL.

April 18, 2018.

Practice, Criminal, Discovery, Interlocutory appeal.  Evidence, Videotape.  Constitutional Law, Self-incrimination.  Attorney at Law, Use of confidence or secret.

The Commonwealth appeals from a judgment of a single justice of the county court denying its petition for relief pursuant to G. L. c. 211, § 3, from an interlocutory ruling of the Boston Municipal Court Department.  We reverse.

The defendant, Adnan Tahlil, has been charged in the Boston Municipal Court Department with larceny from a person, in violation of G. L. c. 266, § 30; assault and battery, in violation of G. L. c. 265, § 13A; assault and battery by means of a dangerous weapon, in violation of G. L. c. 265, § 15A (); and receiving stolen property, in violation of G. L. c. 266, § 60.  The charges stem from an incident that occurred on May 18, 2013, during which several individuals assaulted and robbed the victim.  Shortly thereafter, someone used the victim’s Citizens’ Bank card at a Tedeschi market.  The police obtained a digital video disc (DVD) containing surveillance video from the market.  The victim viewed the DVD at the police station and identified the defendant and two other individuals as three of the four assailants. read more

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Posted by Massachusetts Legal Resources - April 19, 2018 at 6:34 am

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Commonwealth v. Escobar (Lawyers Weekly No. 10-063-18)

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-12430

COMMONWEALTH  vs.  JUSTINO ESCOBAR.

April 18, 2018.

Controlled Substances.  Constitutional Law, Plea, Conduct of government agents.  Due Process of Law, Plea, Disclosure of evidence.  Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Plea, Conduct of government agents, Disclosure of evidence, New trial.  Evidence, Certificate of drug analysis, Disclosure of evidence.

The defendant, Justino Escobar, pleaded guilty to cocaine trafficking in 2009 and was sentenced to a term of from eight to twelve years in State prison.  In July, 2015, he filed a motion for a new trial and a related motion to conduct postconviction discovery, seeking to have his conviction vacated pursuant to Commonwealth v. Ware, 471 Mass. 85 (2015), and Commonwealth v. Scott, 467 Mass. 336 (2014).  In his motions, Escobar argued that the Commonwealth had not fully investigated misconduct at the William A. Hinton State Laboratory Institute (Hinton drug lab).[1]  In his view, the Inspector General’s investigation of the Hinton lab was incomplete because it did not inquire into whether any chemist other than Annie Dookhan had acted improperly.[2] read more

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Posted by Massachusetts Legal Resources - April 19, 2018 at 3:00 am

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A.F. v. D.F. (Lawyers Weekly No. 10-064-18)

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-12425

A.F.  vs.  D.F.

April 18, 2018.

Abuse Prevention.  Harassment Prevention.  Supreme Judicial Court, Superintendence of inferior courts.

The petitioner appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3.  We affirm.

The respondent sought an abuse prevention order against the petitioner pursuant to G. L. c. 209A.  After a hearing on the extension of the temporary ex parte order, a judge in the District Court declined to extend the G. L. c. 209A order and instead issued a one-year harassment prevention order pursuant to G. L. c. 258E.  The judge subsequently denied the petitioner’s motion to reconsider, and the petitioner then filed his G. L. c. 211, § 3, petition in the county court.  The single justice denied the petition without a hearing. read more

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Posted by Massachusetts Legal Resources - April 18, 2018 at 11:25 pm

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Vilbon v. Board of Registration in Nursing (Lawyers Weekly No. 10-065-18)

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-12359

CARLINE VILBON  vs.  BOARD OF REGISTRATION IN NURSING.

April 18, 2018.

Board of Registration in Nursing.  Nurse.  License.  Moot Question.  Supreme Judicial Court, Superintendence of inferior courts.

Carline Vilbon appeals from a judgment of the county court dismissing as moot her appeal under G. L. c. 112, § 64, from an order of the Board of Registration in Nursing (board) indefinitely suspending her nursing license.  The grounds for the suspension were that Vilbon had not satisfied the educational requirements for licensure in Massachusetts and that she had engaged in deceptive conduct to obtain a license.  While the matter was pending before the single justice, the board reconsidered and withdrew its finding that Vilbon had engaged in deceptive conduct, acknowledging that it had erred in making this finding.  In addition, Vilbon remedied the deficiencies in her education.  The board therefore reinstated her license.  Vilbon now argues that, despite the reinstatement of her license, she has suffered further harm for which the board should compensate her and that sanctions should be imposed on the executive director of the board.  However, under the “plain and unambiguous language of G. L. c. 112, § 64,” Hoffer v. Board of Reg. in Medicine, 461 Mass. 451, 456 (2012), our authority is limited to “revising or reversing the decision of the board” suspending her license.  The statute does not provide for any further relief.  As Vilbon has received all the relief that is available under G. L. c. 112, § 64, the single justice properly dismissed the matter as moot.  See Padmanabhan v. Centers for Medicare & Medicaid Servs., 476 Mass. 1018, 1019 (2017), citing Rasten v. Northeastern Univ., 432 Mass. 1003, 1003 (2000). read more

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Posted by Massachusetts Legal Resources - April 18, 2018 at 7:50 pm

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Myrick v. Superior Court Department (Lawyers Weekly No. 10-066-18)

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-12190

KYL V. MYRICK  vs.  SUPERIOR COURT DEPARTMENT.[1]

April 18, 2018.

Mandamus.  Practice, Civil, Action in nature of mandamus.  Supreme Judicial Court, Superintendence of inferior courts.

Kyl V. Myrick appeals from a judgment of a single justice of this court denying his petition for relief in the nature of mandamus.  Myrick’s petition sought the reversal of a Superior Court judgment dismissing a civil complaint that he had filed in that court.  That complaint concerned the denial of his applications for criminal complaints in the Boston Municipal Court Department.  In his petition to the single justice, Myrick also challenged the Superior Court judge’s declining to recuse himself from the matter.  The single justice correctly denied both the petition and Myrick’s subsequent request for reconsideration. read more

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Posted by Massachusetts Legal Resources - April 18, 2018 at 4:16 pm

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Ramirez v. Commonwealth (Lawyers Weekly No. 10-060-18)

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-12340

JORGE RAMIREZ  vs.  COMMONWEALTH.

Suffolk.     December 5, 2017. – April 17, 2018.

Present:  Gants, C.J., Gaziano, Lowy, Budd, Cypher, & Kafker, JJ.

Firearms.  Constitutional Law, Right to bear arms, Severability.  Statute, Validity, Severability.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on March 21, 2017.

The case was reported by Hines, J.

Benjamin H. Keehn, Committee for Public Counsel Services, for Jorge Ramirez. read more

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Posted by Massachusetts Legal Resources - April 17, 2018 at 10:23 pm

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Commonwealth v. Richardson (Lawyers Weekly No. 10-061-18)

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-12375

COMMONWEALTH  vs.  JOSHUA A. RICHARDSON.

Middlesex.     December 7, 2017. – April 17, 2018.

Present:  Gants, C.J., Gaziano, Lowy, Cypher, & Kafker, JJ.

Marijuana.  Medicine.  Controlled Substances.  Search and Seizure, Affidavit, Probable cause, Warrant.  Probable CauseLicense. Jury and Jurors.  Evidence, Expert opinion, Intent.  Intent.  Practice, Criminal, Affidavit, Motion to suppress, Warrant, Instructions to jury.

Complaint received and sworn to in the Framingham Division of the District Court Department on September 9, 2013. read more

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Posted by Massachusetts Legal Resources - April 17, 2018 at 6:48 pm

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O’Donoghue, et al. v. Commonwealth, et al. (Lawyers Weekly No. 11-046-18)

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-72                                         Appeals Court

KEN O’DONOGHUE, trustee,[1] & others[2]  vs.  COMMONWEALTH & others.[3]

No. 16-P-72.

Suffolk.     December 5, 2017. – April 17, 2018.

Present:  Vuono, Sullivan, & Massing, JJ.

Res JudicataJudgment, Preclusive effect.  SeashoreReal Property, Littoral property.  Words, “Beach.”

Civil action commenced in the Land Court Department on July 22, 1998. read more

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Posted by Massachusetts Legal Resources - April 17, 2018 at 3:13 pm

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