Posts tagged "Commonwealth"

Commonwealth v. Fulgiam (and 13 companion cases) (Lawyers Weekly No. 10-071-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11674

COMMONWEALTH  vs.  EARL T. FULGIAM

(and thirteen companion cases[1]).

Suffolk.     October 11, 2016. – May 5, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Lowy, & Budd, JJ.[2]

Homicide.  Felony-Murder Rule.  Robbery.  Firearms.  Cellular Telephone.  Constitutional Law, Search and seizure, Probable cause.  Search and Seizure, Warrant, Probable cause.  Probable Cause.  Evidence, Fingerprints, Expert opinion, Prior misconduct, Relevancy and materiality.  Witness, Expert.  Practice, Criminal, Capital case, Warrant.

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Posted by Stephen Sandberg - May 5, 2017 at 5:44 pm

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Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-783                                        Appeals Court

COMMONWEALTH  vs.  JAMIE BAKER.

No. 16-P-783.

Plymouth.     March 8, 2017. – May 4, 2017.

Present:  Grainger, Blake, & Neyman, JJ.

Constitutional Law, Search and seizure, Roadblock by police. Search and Seizure, Motor vehicle, Roadblock by police. Motor Vehicle, Operating under the influence.  Practice, Criminal, Motion to suppress.

Complaint received and sworn to in the Brockton Division of the District Court Department on May 27, 2014.

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Posted by Stephen Sandberg - May 5, 2017 at 2:09 pm

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Commonwealth v. Colton (Lawyers Weekly No. 10-070-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-08772

COMMONWEALTH  vs.  NICHOLAS R. COLTON.

Middlesex.     December 9, 2016. – May 4, 2017.

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

Homicide.  Constitutional Law, Admissions and confessions, Voluntariness of statement, Sentence.  Evidence, Admissions and confessions, Voluntariness of statement, Joint enterprise, Prior misconduct, Intoxication.  Joint Enterprise.  Intoxication.  Mental Impairment.  Jury and Jurors.  Practice, Criminal, Capital case, Motion to suppress, Admissions and confessions, Voluntariness of statement, Instructions to jury, Jury and jurors, Empanelment of jury, Argument by prosecutor, Sentence.

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Posted by Stephen Sandberg - May 4, 2017 at 11:50 pm

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Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)

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-783                                        Appeals Court

COMMONWEALTH  vs.  JAMIE BAKER.

No. 16-P-783.

Plymouth.     March 8, 2017. – May 4, 2017.

Present:  Grainger, Blake, & Neyman, JJ.

Constitutional Law, Search and seizure, Roadblock by police. Search and Seizure, Motor vehicle, Roadblock by police. Motor Vehicle, Operating under the influence.  Practice, Criminal, Motion to suppress.

Complaint received and sworn to in the Brockton Division of the District Court Department on May 27, 2014.

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Posted by Stephen Sandberg - May 4, 2017 at 4:42 pm

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Schumacher v. Commonwealth (Lawyers Weekly No. 10-065-17)

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-12248

DAVID SCHUMACHER  vs.  COMMONWEALTH.

Supreme Judicial Court, Superintendence of inferior courts.  Sex OffenderPractice, Civil, Sex offender, Civil commitment.

May 3, 2017.

David Schumacher appeals from a judgment of the county court denying, without a hearing, his petition for relief under G. L. c. 211, § 3.  In 2013, Schumacher was convicted of armed robbery and sentenced to a term in the State prison.  The Commonwealth filed a petition in the Superior Court for Schumacher’s civil commitment as a sexually dangerous person pursuant to G. L. c. 123A, alleging that he had been convicted of sex offenses in Florida.  On the Commonwealth’s motion, a judge in the Superior Court issued an order temporarily committing Schumacher to the Massachusetts Treatment Center (treatment center) pursuant to G. L. c. 123A, § 12 (e), pending a probable cause determination.  Schumacher moved for reconsideration and for relief from temporary commitment, and that motion was denied.  Schumacher’s G. L. c. 211, § 3, petition, seeking interlocutory relief from the order for temporary commitment, followed.  The single justice denied relief without reaching the merits of Schumacher’s claims on the ground that he has an adequate remedy in the ordinary appellate process.  We affirm.

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Posted by Stephen Sandberg - May 4, 2017 at 5:57 am

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Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-067-17)

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.

SJC-12146

SJC-12147

KAVEH L. AFRASIABI  vs.  COMMONWEALTH.

Supreme Judicial Court, Superintendence of inferior courts.

May 3, 2017.

The petitioner, Kaveh L. Afrasiabi, is the defendant in a criminal case in the Cambridge Division of the District Court Department in which he is charged with criminal harassment in violation of G. L. c. 265, § 43A (a).  In response to certain actions and rulings in the trial court he filed two separate petitions in the county court pursuant to G. L. c. 211, § 3.  In the first petition, he asked the court “to order the removal” of the presiding trial court judge as well as the assistant district attorney representing the Commonwealth.  In the second, he asked the court to reverse several trial court rulings denying his motions for discovery.  The same single justice denied both petitions without a hearing, and Afrasiabi appeals.[1]

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Posted by Stephen Sandberg - May 3, 2017 at 10:48 pm

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Cucinelli v. Commonwealth (Lawyers Weekly No. 10-069-17)

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-12221

PAUL CUCINELLI  vs.  COMMONWEALTH.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Appellate Division, Sentence.

May 3, 2017.

Paul Cucinelli appeals from a judgment of the county court dismissing his petition for relief under G. L. c. 211, § 3, from a decision of the Appellate Division of the Superior Court increasing his sentence for armed robbery.[1]  He has filed a memorandum pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires a party challenging an interlocutory ruling of the trial court to “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.”[2]  Rule 2:21 does not apply here, as the decision of the Appellate Division was not an interlocutory ruling.  See Jones v. Commonwealth, 461 Mass. 1005, 1005 (2012).  Nonetheless, it is evident on the record before us that relief was properly denied.  Cucinelli argues that he has no right to appeal directly to the appellate courts from the Appellate Division’s decision.  That is correct.  G. L. c. 278, § 28B (decision of Appellate Division “shall be final”).  That, however, does not mean that he is entitled to review under G. L. c. 211, § 3.  “Rarely should we employ our superintendence power to review rulings in matters in which the Legislature has expressly stated that the decision of another court or judge ‘shall be final.’” Commonwealth v. Barros, 460 Mass. 1015, 1015 (2011), quoting Hurley v. Superior Court Dep’t of the Trial Court, 424 Mass. 1008, 1009 (1997).  The single justice neither erred nor abused her discretion by denying relief.[3]

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Posted by Stephen Sandberg - May 3, 2017 at 3:38 pm

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Commonwealth v. Feliz (Lawyers Weekly No. 12-041-17)

COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss.                                                                                                                                                                    SUPERIOR COURT

                                 CRIMINAL ACTION

  1. 16-00077

 

 

 

 

                                                           COMMONWEALTH

 

                                                                             vs.

 

                                                                  ERVIN FELIZ

 

 

 

                                   FINDINGS OF FACT, RULINGS OF LAW, AND

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Posted by Stephen Sandberg - April 24, 2017 at 8:33 pm

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Commonwealth v. Garcia (Lawyers Weekly No. 10-062-17)

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-12125

COMMONWEALTH  vs.  DOUGLAS GARCIA.

Essex.     December 6, 2016. – April 21, 2017.

Present (Sitting at Lawrence):  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Rape.  Evidence, Conversation between husband and wife, Impeachment of credibility.  Witness, Impeachment.

Indictment found and returned in the Superior Court Department on August 4, 2010.

The case was tried before Richard E. Welch, III, J.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.

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Posted by Stephen Sandberg - April 22, 2017 at 4:09 am

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Commonwealth v. Baldwin (Lawyers Weekly No. 10-063-17)

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-12188

COMMONWEALTH  vs.  SHAWN A. BALDWIN.

 

Evidence, Spontaneous utterance.

April 21, 2017.

The defendant, Shawn A. Baldwin, is awaiting trial in the District Court on charges involving alleged domestic violence.  Both the Commonwealth and the defendant filed motions in limine concerning the admissibility of a recording of a 911 call placed by the six year old son of the defendant and the alleged victim.  The Commonwealth argued that the boy’s statements — including, “my dad just choked my mom” — were admissible as nontestimonial excited utterances.  The defendant asserted that the statements were not excited utterances and that their admission would violate his right of confrontation.  After a hearing at which the recording was played, the judge ordered that the recording be excluded on the ground that the boy’s voice appeared “calm,” and that the statements on the recording therefore were not “excited” utterances.

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Posted by Stephen Sandberg - April 22, 2017 at 12:35 am

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