Posts tagged "Commonwealth"

Commonwealth v. Wampler (Lawyers Weekly No. 10-134-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12333

COMMONWEALTH  vs.  LARRY D. WAMPLER, JR.

August 18, 2017.

Practice, Criminal, Capital case, Postconviction relief, Appeal.

The defendant, Larry D. Wampler, Jr., was convicted of murder in the first degree by reason of deliberate premeditation.  We affirmed the conviction.  Commonwealth v. Hung Tan Vo, 427 Mass. 464 (1998).[1]  The defendant recently filed, in the Superior Court, a motion to vacate, set aside, or correct sentence, which was denied.  He then applied to a single justice of this court for leave to appeal from the denial of that motion pursuant to G. L. c. 278, § 33E.  The single justice denied the application.  The defendant has appealed, and the Commonwealth has moved to dismiss the appeal.  “A defendant who is denied leave to appeal from a single justice acting as a gatekeeper pursuant to the last sentence of G. L. c. 278, § 33E, has no right to appeal from the single justice’s ruling denying leave.  The single justice’s ruling is ‘final and unreviewable.’”  Commonwealth v. Companonio, 472 Mass. 1004 (2015), quoting Commonwealth v. Gunter, 456 Mass. 1017, 1017 (2010).  The defendant cannot appeal to the full court.[2]

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Posted by Stephen Sandberg - August 19, 2017 at 3:13 am

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Wassilie v. Commonwealth (Lawyers Weekly No. 10-135-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12306

SAM C. WASSILIE  vs.  COMMONWEALTH.

August 18, 2017.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Dismissal.

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

Wassilie was indicted on twenty-two counts of videotaping, with his cellular telephone, individuals who were nude or partially nude, in violation of G. L. c. 272, § 105 ().  The charges stem from two recordings, made continuously and on the same day at a public restroom, showing twelve adults and five juveniles in various states of nudity.  Wassilie filed a motion to dismiss, and at a hearing on the motion, a judge in the Superior Court ordered that any duplicative charges be dismissed.  The Commonwealth subsequently filed a nolle prosequi as to five of the twenty-two counts.  Wassilie’s motion to dismiss was otherwise denied, as was his motion to suppress evidence.  He then filed a G. L. c. 211, § 3, petition in the county court, arguing that the statute does not allow for separate prosecutions as to each individual videotaped, that the charges are therefore duplicative, and that he should not have to be subject to a trial on multiple indictments that expose him to multiple punishments.  A single justice denied the petition without a hearing.[1]

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Posted by Stephen Sandberg - August 18, 2017 at 4:29 pm

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Commonwealth v. Duart (Lawyers Weekly No. 10-132-17)

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-12302

COMMONWEALTH  vs.  PETER J. DUART.

Dukes.     May 4, 2017. – August 17, 2017.

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

Judge.  Practice, Criminal, New trial, Disqualification of judge, Assistance of counsel.

Indictments found and returned in the Superior Court Department on April 5, 2010.

A motion for a new trial, filed on February 18, 2015, was heard by Charles J. Hely, J.

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

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Posted by Stephen Sandberg - August 18, 2017 at 12:54 pm

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Commonwealth v. Santana (Lawyers Weekly No. 10-133-17)

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-12039

COMMONWEALTH  vs.  CESAR SANTANA.

Essex.     January 10, 2017. – August 17, 2017.

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

Homicide.  Constitutional Law, Admissions and confessions, Voluntariness of statement.  Evidence, Admissions and confessions, Voluntariness of statement, Hearsay, Expert opinion.  Witness, Expert.  Practice, Criminal, Capital case, Motion to suppress, Admissions and confessions, Voluntariness of statement, Mistrial, Argument by prosecutor, Plea.

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Posted by Stephen Sandberg - August 18, 2017 at 9:21 am

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Commonwealth v. Asenjo (Lawyers Weekly No. 10-131-17)

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-12227

COMMONWEALTH  vs.  GAUDY ASENJO.

Essex.     February 6, 2017. – August 15, 2017.

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

Rape.  Evidence, First complaint, Expert opinion.  Witness, Expert.  Battered Woman Syndrome.

Indictments found and returned in the Superior Court Department on May 22, 2013.

The cases were tried before James F. Lang, J.

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

Emily A. Cardy, Committee for Public Counsel Services, for the defendant.

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Posted by Stephen Sandberg - August 15, 2017 at 8:31 pm

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Commonwealth v. Mauricio (Lawyers Weekly No. 10-130-17)

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-12254

COMMONWEALTH  vs.  KEVIN A. MAURICIO.

Bristol.     April 4, 2017. – August 14, 2017.

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

Firearms.  Receiving Stolen Goods.  Constitutional Law, Search and seizure.  Search and Seizure, Search incident to lawful arrest, Inventory, Fruits of illegal search.

Complaint received and sworn to in the Taunton Division of the District Court Department on July 10, 2014.

A pretrial motion to suppress evidence was heard by Thomas L. Finigan, J., and the case was tried before him.

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Posted by Stephen Sandberg - August 14, 2017 at 3:54 pm

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Commonwealth v. Francis (Lawyers Weekly No. 10-129-17)

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-12118

COMMONWEALTH  vs.  ROGER D. FRANCIS.

Plymouth.     April 3, 2017. – August 11, 2017.

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

Practice, Criminal, Plea.

Indictment found and returned in the Superior Court on May 11, 1967.

Following review by this court, 355 Mass. 108 (1969), a motion for a new trial, see 411 Mass. 579 (1992), and the withdrawal of a plea of guilty and a second trial, see 450 Mass. 132 (2007), a motion for a new trial, filed on August 5, 2013, was heard by Linda E. Giles, J.

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Posted by Stephen Sandberg - August 11, 2017 at 4:20 pm

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Commonwealth v. Moore (Lawyers Weekly No. 11-102-17)

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

15-P-946                                        Appeals Court

COMMONWEALTH  vs.  ANTWOIN MOORE.

No. 15-P-946.

Plymouth.     February 16, 2017. – August 10, 2017.

Present:  Kafker, C.J., Wolohojian, & Sacks, JJ.

Motor Vehicle, Homicide.  Homicide.  Malice.  Practice, Criminal, Required finding, Argument by prosecutor, Instructions to jury, Assistance of counsel, Verdict.

Indictments found and returned in the Superior Court Department on November 16, 2012.

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Posted by Stephen Sandberg - August 10, 2017 at 3:17 pm

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Commonwealth of Massachusetts ex rel. Kelly, et al. v. Novartis Pharmaceuticals Corporation, et al. (Lawyers Weekly No. 12-098-17)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss SUPERIOR COURT

CIVIL ACTION

  1. 2016-03107-BLS1

COMMONWEALTH OF MASSACHUSETTS,

EX REL., ALLISON KELLY AND FRANK GARCIA

vs.

NOVARTIS PHARMACEUTICALS CORPORATION & Others1

1 Novartis Corporation and Genentech, Inc.

2 The District Court’s order actually dismissed the state claims with prejudice, notwithstanding its declination of jurisdiction over them. The First Circuit reversed that part of the District Court’s decision.  It observed that while the District Court could have dismissed the state claims based on the same reasoning applied to the federal claims had it retainedjurisdiction, once it declined jurisdiction, it was required to dismiss the state claims

MEMORANDUM OF DECISION AND ORDER ON

DEFENDANT’S MOTION TO DISMISS

RELATORS’ FIRST AMENDED COMPLAINT

Allison Kelly and Frank Garcia (Relators) brought qui tam actions against Genentech, Inc. (Genentech) and Novartis Pharmaceuticals Corporation (Novartis) in federal district court in Massachuesetts under the Federal False Claims Act (FCA), 31 U.S.C. § 3729 et seq., the Massachusetts False Claims Act (MFCA), G. L. c. 12, § 5B(a)(1)-(10), and several other analogous state statutes.  The federal claims asserted in their complaints were dismissed by the District Court for failure to plead the alleged fraud with the specificity required by Fed. R. Civ. P. 9(b).  See U.S. ex rel. Garcia v. Novartis  Pharm. Corp.,91 F. Supp. 3d 87 (D. Mass. 2015).  The dismissal was affirmed by the First Circuit Court of Appeals.  See U.S. ex. rel. Kelly v. Novartis Pharm. Corp.,827 F. 3d 5 (1stCir. 2016) (Kelly).  While the Relators’ FCA claims were dismissed with prejudice, their state claims were dismissed without prejudice because the District Court declined to exercise supplemental jurisdiction over them.2 The Relators then filed

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Posted by Stephen Sandberg - August 4, 2017 at 9:01 am

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Commonwealth v. James (Lawyers Weekly No. 10-125-17)

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-12196

COMMONWEALTH  vs.  STEVEN JAMES.

Suffolk.     March 6, 2017. – August 1, 2017.

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

Practice, Criminal, Capital case, Postconviction relief.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on February 9, 2016.

The case was reported by Hines, J.

Rosemary Curran Scapicchio (Dennis M. Toomey also present) for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

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Posted by Stephen Sandberg - August 1, 2017 at 11:46 pm

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