Posts tagged "1017815"

Commonwealth v. Rivera (Lawyers Weekly No. 10-178-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11700

COMMONWEALTH  vs.  LUIS FERNANDO RIVERA, JR.

October 29, 2015.

Practice, Criminal, Postconviction relief, Disqualification of judge.

The defendant, Luis Fernando Rivera, Jr., was convicted on two indictments charging murder in the first degree and one indictment charging unlawful carrying of a firearm.  See Commonwealth v. Rivera, 424 Mass. 266 (1997), cert. denied, 525 U.S. 934 (1998).  After we affirmed the convictions, a Superior Court judge denied the defendant’s motion for a new trial, and a single justice of this court, on December 14, 2004, denied his application for leave to appeal, pursuant to G. L. c. 278, § 33E.  In May, 2014, the defendant filed a motion in the county court asking the same single justice to reconsider his 2004 ruling and, on reconsideration, to recuse himself and to assign the matter to a different justice.  The single justice allowed the motion to reconsider, denied the request for recusal, and, on reconsideration, again denied the application for leave to appeal.  The defendant appealed. read more

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Posted by Massachusetts Legal Resources - October 29, 2015 at 6:42 pm

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