Posts tagged "1007013"

McCabe v. Commissioner of Correction (Lawyers Weekly No. 10-070-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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‑11365

JOHN McCABE  vs.  COMMISSIONER OF CORRECTION.

April 29, 2013.

Supreme Judicial Court, Superintendence of inferior courts, Appeal from order of single justice.  Practice, Civil, Transfer of action to Superior Court.

In 1986, John McCabe was committed to the Massachusetts Treatment Center (treatment center) as a sexually dangerous person. Several years later, a Superior Court judge ordered that he be remanded to the custody of the Commissioner of Correction, subject to the terms of McCabe’s unexpired criminal sentences.  More than twenty years later, McCabe filed an application in the county court seeking a declaration, pursuant to G. L. c. 231A, § 5, that he must be returned to the treatment center.  The single justice ordered the matter transferred to the Superior Court, pursuant to G. L. c. 211, § 4A, and ordered that it be consolidated with another case that McCabe had commenced there that raised essentially the same issue.  McCabe appeals from the order transferring his case to the Superior Court.  We affirm. read more

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Posted by Massachusetts Legal Resources - April 29, 2013 at 4:52 pm

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