Posts tagged "Commonwealth"

Commonwealth v. Cole C., a juvenile (Lawyers Weekly No. 11-008-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-1645                                       Appeals Court

COMMONWEALTH  vs.  COLE C., a juvenile.[1]

No. 16-P-1645.

Suffolk.     November 8, 2017. – January 19, 2018.

Present:  Milkey, Blake, & Singh, JJ.

Juvenile Court, Jurisdiction.  Jurisdiction, Juvenile Court.  Youthful Offender ActPractice, Criminal, Indictment, Transfer hearing.  Statute, Construction.

Indictments found and returned in the Superior Court  Department on July 5, 2016. read more

Posted by Stephen Sandberg - January 19, 2018 at 4:20 pm

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Kennedy, et al. v. Commonwealth, et al. (Lawyers Weekly No. 11-007-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-1464                                       Appeals Court

RUTH KENNEDY & others[1]  vs.  COMMONWEALTH & others.[2]

No. 16-P-1464.

Hampshire.     September 19, 2017. – January 18, 2018.

Present:  Vuono, Blake, & Singh, JJ.

School and School Committee, Regional school district, Standing to challenge validity of statute.  Contract, Regional school district, Promissory estoppel.  Constitutional Law, Standing, Home Rule Amendment, Special law.  Municipal Corporations, Home rule.  Statute, Special law.  Practice, Civil, Standing, Declaratory proceeding, Motion to dismiss.  Declaratory Relief. read more

Posted by Stephen Sandberg - January 18, 2018 at 6:52 pm

Categories: News   Tags: , , , ,

Commonwealth v. McGonagle (Lawyers Weekly No. 10-012-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12292

COMMONWEALTH  vs.  SHAWN A. McGONAGLE.

Suffolk.     October 5, 2017. – January 18, 2018.

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

Constitutional Law, Sentence, Cruel and unusual punishment.  Due Process of Law, Sentence.  Practice, Criminal, Sentence.

Complaint received and sworn to in the West Roxbury Division of the Boston Municipal Court Department on April 3, 2015.

The case was tried before Paul J. McManus, J.

The Supreme Judicial Court granted an application for direct appellate review. read more

Posted by Stephen Sandberg - January 18, 2018 at 3:17 pm

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Cepeda v. Commonwealth (Lawyers Weekly No. 10-007-18)

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-12387

RONALDO CEPEDA  vs.  COMMONWEALTH.

January 12, 2018.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Indictment, Dismissal.  Youthful Offender Act.

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

Cepeda has been indicted for murder in the second degree, stemming from an incident that occurred on October 22, 2015.  Cepeda was sixteen years old at the time.  He moved to dismiss the indictment on the basis that “the Commonwealth failed to present material exculpatory and mitigating evidence to the grand jury, and that the grand jury was not properly instructed regarding the impact of a developing brain on threat response and decision making of a juvenile.”  A judge in the Superior Court denied the motion.  Cepeda then filed his G. L. c. 211, § 3, petition in the county court. read more

Posted by Stephen Sandberg - January 12, 2018 at 11:20 pm

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Elliot v. Commonwealth (Lawyers Weekly No. 10-008-18)

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-11947

RONNY ELLIOT  vs.  COMMONWEALTH.

January 12, 2018.

Supreme Judicial Court, Superintendence of inferior courts.  Jurisdiction, Juvenile Court, Transfer hearing.  Practice, Criminal, Transfer hearing.  Department of Youth Services.

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

In 1995, Elliot was indicted on charges of murder in the first degree, armed assault with intent to murder, and possession of a firearm without a license.  He was seventeen years old at the time.  He was convicted by a Superior Court jury, in 1997, of the lesser offense of murder in the second degree as well as of the other offenses.  This court affirmed the convictions.  See Commonwealth v. Elliot, 430 Mass. 498 (1999).  Elliot subsequently filed a motion for a new trial in 2000, and an amended motion for a new trial in 2003.  After a hearing, the amended motion was denied, in 2008.[1]  The Appeals Court affirmed the order denying the motion for a new trial, and this court denied Elliot’s application for further appellate review.  See Commonwealth v. Elliot, 80 Mass. App. Ct. 1104 (memorandum and order pursuant to rule 1:28), .C., 460 Mass. 1115 (2011). read more

Posted by Stephen Sandberg - January 12, 2018 at 7:46 pm

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Commonwealth v. Curran (Lawyers Weekly No. 10-006-18)

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-12293

COMMONWEALTH  vs.  EDWARD CURRAN.

Worcester.     September 6, 2017. – January 12, 2018.

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

Sex Offender.  Practice, Civil, Sex offender.  Evidence, Sex offender, Expert opinion, Competency, Insanity.  Incompetent Person, Commitment.  Witness, Expert.

Civil action commenced in the Superior Court Department on December 3, 2015.

A pretrial motion to admit expert testimony with regard to criminal responsibility was heard by Richard T. Tucker, J. read more

Posted by Stephen Sandberg - January 12, 2018 at 4:10 pm

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Commonwealth v. Cousin (Lawyers Weekly No. 10-004-18)

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-12252

COMMONWEALTH  vs.  JOSEPH COUSIN.

Suffolk.     September 5, 2017. – January 11, 2018.

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

Conflict of Interest.  Attorney at Law, Conflict of interest.  Practice, Criminal, Assistance of counsel.

Indictments found and returned in the Superior Court Department on September 4, 2002.

The cases were tried before Nancy Holtz, J., and a motion for a new trial, filed on March 1, 2013, was heard by Janet L. Sanders, J. read more

Posted by Stephen Sandberg - January 11, 2018 at 10:17 pm

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Commonwealth v. Lopes (Lawyers Weekly No. 10-003-18)

Posted by Stephen Sandberg - January 11, 2018 at 7:58 am

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Commonwealth v. Knowles (Lawyers Weekly No. 11-004-18)

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-1409                                       Appeals Court

COMMONWEALTH  vs.  LAWRENCE KNOWLES.

No. 16-P-1409.

Suffolk.     November 3, 2017. – January 10, 2018.

Present:  Wolohojian, Massing, & Wendlandt, JJ.

Witness, Cross-examination.  Practice, Criminal, Cross-examination by prosecutor, Admissions and confessions, Voluntariness of statement, Waiver.  Constitutional Law, Admissions and confessions, Voluntariness of statement, Waiver of constitutional rights.  Waiver.  Evidence, Cross-examination, Admissions and confessions, Voluntariness of statement. read more

Posted by Stephen Sandberg - January 10, 2018 at 5:40 pm

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Commonwealth v. Lastowski (Lawyers Weekly No. 10-001-18)

Posted by Stephen Sandberg - January 4, 2018 at 6:33 pm

Categories: News   Tags: , , , ,

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