Posts tagged "Commonwealth"

Commonwealth v. Suriel (Lawyers Weekly No. 11-068-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-254                                        Appeals Court

COMMONWEALTH  vs.  JUAN G. SURIEL.

No. 16-P-254.

Hampden.     March 1, 2017. – May 26, 2017.

Present:  Green, Wolohojian, & Sullivan, JJ.

Firearms.  Practice, Criminal, Motion to suppress.  Constitutional Law, Search and seizure, Reasonable suspicion.  Search and Seizure, Automobile, Reasonable suspicion.

Complaint received and sworn to in the Springfield Division of the District Court Department on December 2, 2013.

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Posted by Stephen Sandberg - May 26, 2017 at 9:47 pm

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Commonwealth v. Lydon (Lawyers Weekly No. 10-089-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12289

COMMONWEALTH  vs.  DAVID LYDON.

May 26, 2017.

Imprisonment, Credit for time served.  Practice, Criminal, Sentence, Judicial discretion.

The defendant, David Lydon, appeals from an order denying his motion for credit for time being served in a house of correction for one set of offenses, while he was awaiting trial and sentencing in the Superior Court on a second, unrelated set of offenses.  The Appeals Court affirmed the denial of the motion in a unpublished memorandum and order issued pursuant to its rule 1:28, see Commonwealth v. Lydon, 90 Mass. App. Ct. 1118 (2017), and this court granted further appellate review.  Although the defendant is not entitled as of right to the credit he seeks, we recognize that in appropriate circumstances a judge has discretion to impose a concurrent State prison sentence nunc pro tunc to the commencement of a house of correction sentence then being served.  Because the judge did not consider whether to exercise his discretion in that regard, we vacate the order, and remand for further consideration.

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Posted by Stephen Sandberg - May 26, 2017 at 6:12 pm

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Commonwealth v. Connolly (Lawyers Weekly No. 11-066-17)

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-107                                        Appeals Court

COMMONWEALTH  vs.  DAVID A. CONNOLLY.

No. 16-P-107.

Middlesex.     December 14, 2016. – May 25, 2017.

Present:  Wolohojian, Milkey, & Shin, JJ.

Assault and Battery.  Evidence, Videotape, Best and secondary, Cross-examination, Authentication, Identification, Opinion.  Identification.  Witness, Cross-examination.  Fair Trial.

Complaint received and sworn to in the Malden Division of the District Court Department on August 19, 2014.

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Posted by Stephen Sandberg - May 26, 2017 at 11:03 am

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Commonwealth v. Cooper (Lawyers Weekly No. 11-067-17)

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-697                                        Appeals Court

COMMONWEALTH  vs.  ROBERT F. COOPER.

No. 16-P-697.

Middlesex.     March 8, 2017. – May 25, 2017.

Present:  Green, Wolohojian, & Sullivan, JJ.

Controlled Substances“School Zone” StatuteWords, “Accredited.”

Complaint received and sworn to in the Cambridge Division of the District Court Department on March 29, 2012.

The case was tried before Michelle B. Hogan, J.

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Posted by Stephen Sandberg - May 26, 2017 at 7:28 am

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Commonwealth v. McGrath (Lawyers Weekly No. 10-085-17)

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-11909

COMMONWEALTH  vs.  George McGrath.

May 25, 2017.

Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Capital case.

George McGrath purports to appeal from the decision of a single justice of this court, pursuant to the gatekeeper provision of G. L. c. 278, § 33E, denying leave to appeal from the denial of his motion for a new trial on charges of murder in the first degree and assault with intent to rob.[1]  “A defendant who is denied leave to appeal from a single justice acting as a gatekeeper . . . has no right to appeal from the single justice’s ruling denying leave.  The single justice’s ruling is ‘final and unreviewable.’”  Commonwealth v. Companiono, 472 Mass. 1004, 1005 (2015), quoting Commonwealth v. Gunter, 456 Mass. 1017, 1017 (2010), .C., 459 Mass. 480, cert. denied, 565 U.S. 868 (2011).  We see no reason to depart from this longstanding rule.  See Commonwealth v. Robinson, 477 Mass.     (2017).

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Posted by Stephen Sandberg - May 26, 2017 at 3:53 am

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Commonwealth v. Robinson (Lawyers Weekly No. 10-087-17)

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-11907

COMMONWEALTH  vs.  PAUL ROBINSON.

May 25, 2017.

Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Capital case.

Along with a codefendant, Paul Robinson was convicted of two counts of murder in the first degree and two counts of assault with intent to rob in 1969.  After plenary review, this court affirmed the convictions.  Commonwealth v. McGrath, 358 Mass. 314 (1970), .C., 408 Mass. 245 (1990) and 437 Mass. 1002, cert. denied, 537 U.S. 980 (2002).  Robinson has since filed several motions for a new trial, all of which have been denied.  After the denial of his most recent (seventh) such motion, Robinson sought leave to appeal pursuant to the gatekeeper provision of G. L. c. 278, § 33E.  A single justice of this court concluded that the motion failed to present a “new and substantial question” and therefore denied such leave.  Robinson filed a notice of appeal to the full court from the single justice’s ruling, and the Commonwealth moved to dismiss.  Robinson asserted in opposition that his appeal ought to be permitted to proceed despite the longstanding rule that the decision of the gatekeeper is “final and unreviewable.”  E.g., Commonwealth v. Vinnie, 475 Mass. 1011, 1011 (2016), and cases cited.  We gave Robinson an opportunity to explain the basis for his position in a preliminary statement of no more than five pages.  Robinson has responded with an eleven-page statement of issues, in which he argues essentially that the gatekeeper process leads to arbitrary results and, more particularly, that his appeal was not allowed to proceed whereas other defendants’ appeals were.[1]  This is merely a recasting of the equal protection challenge we rejected in Napolitano v. Attorney Gen., 432 Mass. 240, 241-242 (2000).  We reject it again here.  Robinson received plenary review of his convictions under § 33E on direct appeal, and he has offered no reason to suppose that his seventh motion for a new trial raised any new and substantial issue that was not or could not have been presented in any of the previous six.  There is no hint of arbitrariness in this case.  He also has not offered any reason to believe that the “single justice erred by denying [his] gatekeeper petition on procedural grounds.”  Commonwealth v. Nassar, 454 Mass. 1008, 1009 n.2 (2009).  Finally, we reject Robinson’s argument that § 33E does not bar an appeal from the decision of the gatekeeper.  “The special function of the single justice mandated by the statute would be futile and meaningless if his or her rulings were subject to appeal before the full court.”  Commonwealth v. Companiono, 472 Mass. 1004, 1005 (2015), quoting Leaster v. Commonwealth, 385 Mass. 547, 548 (1982).  We see no reason to depart from our longstanding and well-established rule.  See Companiono, supra, and cases cited.[2]

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Posted by Stephen Sandberg - May 25, 2017 at 5:09 pm

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Commonwealth v. Lopez (Lawyers Weekly No. 11-065-17)

Posted by Stephen Sandberg - May 24, 2017 at 4:06 pm

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Commonwealth v. Montrond (Lawyers Weekly No. 10-081-17)

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-10834

COMMONWEALTH  vs.  AMARAL MONTROND.

Plymouth.     February 14, 2017. – May 17, 2017.

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

Homicide.  Constitutional Law, Assistance of counsel, Confrontation of witnesses.  Intoxication.  Evidence, Intoxication, Prior misconduct, Relevancy and materiality, Expert opinion. Witness, Expert.  Practice, Criminal, Capital case, Assistance of counsel, Confrontation of witnesses.

Indictments found and returned in the Superior Court Department on November 16, 2007.

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Posted by Stephen Sandberg - May 17, 2017 at 7:32 pm

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Commissioner of Administration and Finance v. Commonwealth Employment Relations Board, et al. (Lawyers Weekly No. 10-076-17)

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-12208

COMMISSIONER OF ADMINISTRATION AND FINANCE  vs.  COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.[1]

Suffolk.     January 5, 2017. – May 12, 2017.

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

Commonwealth Employment Relations Board.  Labor, Unfair labor practice, Duty to bargain.  Commonwealth, Financial matters, Collective bargaining.

Appeal from a decision of the Division of Labor Relations.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

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Posted by Stephen Sandberg - May 13, 2017 at 4:37 am

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Commonwealth v. Valentin (Lawyers Weekly No. 11-058-17)

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

16-P-245                                        Appeals Court

COMMONWEALTH  vs.  WALTON VALENTIN.

No. 16-P-245.

Essex.     February 28, 2017. – May 12, 2017.

Present:  Vuono, Carhart, & Kinder, JJ.[1]

Assault by Means of a Dangerous Weapon.  Assault and Battery.  Stalking.  Protective Order.  Abuse Prevention.  Evidence, Hearsay, Unavailable witness.  Witness, Unavailability, Self-incrimination, Immunity.  Constitutional Law, Confrontation of witnesses, Self-incrimination.  Practice, Criminal, Hearsay, Confrontation of witnesses, Required finding, Instructions to jury, Reasonable doubt, Question by jury.  Reasonable Doubt.

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Posted by Stephen Sandberg - May 12, 2017 at 9:29 pm

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