Posts tagged "department"

Myrick v. Superior Court Department (Lawyers Weekly No. 10-066-18)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12190

KYL V. MYRICK  vs.  SUPERIOR COURT DEPARTMENT.[1]

April 18, 2018.

Mandamus.  Practice, Civil, Action in nature of mandamus.  Supreme Judicial Court, Superintendence of inferior courts.

Kyl V. Myrick appeals from a judgment of a single justice of this court denying his petition for relief in the nature of mandamus.  Myrick’s petition sought the reversal of a Superior Court judgment dismissing a civil complaint that he had filed in that court.  That complaint concerned the denial of his applications for criminal complaints in the Boston Municipal Court Department.  In his petition to the single justice, Myrick also challenged the Superior Court judge’s declining to recuse himself from the matter.  The single justice correctly denied both the petition and Myrick’s subsequent request for reconsideration. read more

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Posted by Massachusetts Legal Resources - April 18, 2018 at 4:16 pm

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St. Laurent, et al. v. Middleborough Gas & Electric Department (Lawyers Weekly No. 11-039-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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

17-P-835                                        Appeals Court

ALLISON ST. LAURENT & another[1]  vs.  MIDDLEBOROUGH GAS & ELECTRIC DEPARTMENT.

No. 17-P-835.     April 4, 2018.

Municipal Corporations, Municipal electric plant, Governmental immunity.  MiddleboroughMassachusetts Tort Claims ActStatute, Construction.

Middleborough Gas & Electric Department (MGED) appeals from a Superior Court order denying its motion to dismiss for lack of presentment.  The motion judge denied the motion on the ground that MGED is not a “public employer” subject to the Massachusetts Tort Claims Act, and thus the presentment requirement of G. L. c. 258, § 4, did not apply.  We disagree and remand so that the Superior Court can address whether the presentment requirement was satisfied on the facts here. read more

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Posted by Massachusetts Legal Resources - April 4, 2018 at 3:57 pm

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Cournoyer v. Department of State Police, et al. (Lawyers Weekly No. 11-037-18)

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

17-P-579                                        Appeals Court

ARTHUR COURNOYER  vs.  DEPARTMENT OF STATE POLICE & another.[1]

No. 17-P-579.

Middlesex.     January 8, 2018. – April 2, 2018.

Present:  Blake, Neyman, & Ditkoff, JJ.

State Police.  Retirement.  Police, Retirement, Training program, Authority of police chief.  Public Employment, Police, Retirement, Reinstatement of personnel.

Civil action commenced in the Superior Court Department on March 14, 2016. read more

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Posted by Massachusetts Legal Resources - April 2, 2018 at 5:26 pm

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Miranda v. A Justice of the Superior Court Department of the Trial Court (Lawyers Weekly No. 10-047-18)

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-12308

CHRISTIAN MIRANDA  vs.  A JUSTICE OF THE SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT.

March 27, 2018.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Civil, Action in nature of certiorari.  Practice, Criminal, Postconviction relief, Discovery.

Christian Miranda appeals from a judgment of the county court denying his petition for relief in the nature of certiorari pursuant to G. L. c. 249, § 4.  Miranda, who has been convicted in the Superior Court of certain drug-related offenses, filed a motion to intervene in a separate criminal case also pending in the Superior Court at that time, apparently seeking to participate in postconviction discovery that was proceeding in that case.  After a hearing, the motion was denied.  Miranda’s petition sought relief from that denial.  As there is no basis in the Rules of Criminal Procedure or other law for a defendant to intervene in another defendant’s unrelated criminal case, Miranda cannot show that relief in the nature of certiorari is necessary “to correct [a] substantial error of law apparent on the record.”  State Bd. of Retirement v. Woodward, 446 Mass. 698, 703 (2006).  See Republican Co. v. Appeals Court, 442 Mass. 218, 227 n.14 (2004) (intervention is “a concept foreign to criminal procedure”).  Moreover, Mass. R. Crim. P. 30, as appearing in 435 Mass. 1501 (2001), provides the mechanism for Miranda to seek postconviction discovery in his own case.  The single justice neither erred nor abused his discretion by denying relief. read more

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Posted by Massachusetts Legal Resources - March 27, 2018 at 2:45 pm

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Jones, et al. v. Massachusetts Department of Children & Families (Lawyers Weekly No. 09-001-18)

COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss                                                                                                                                    SUPERIOR COURT

  1. 1784CV00586

 

 

 

 

                                        THERESE JONES and MAXWELL JONES

                         BY HIS MOTHER AND NEXT FRIEND, THERESE JONES

 

                                                                             v.

 

                                           MASSACHUSETTS DEPARTMENT OF

                                                       CHILDREN & FAMILIES

 

 

 

                                    MEMORANDUM OF DECISION AND ORDER read more

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Posted by Massachusetts Legal Resources - January 24, 2018 at 12:05 am

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Martin v. Superior Court Department of the Trial Court (Lawyers Weekly No. 10-137-17)

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-12288

JAMES MARTIN  vs.  SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT.

August 18, 2017.

Supreme Judicial Court, Superintendence of inferior courts.  Attorney at Law, Disqualification.  District Attorney.

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

Martin, an attorney with a practice in the Springfield area, has been indicted by a Hampden County grand jury on charges of rape, in violation of G. L. c. 265, § 22 (), and indecent assault and battery, in violation of G. L. c. 265, § 13H.  He filed a motion to disqualify the Hampden County district attorney’s office from prosecuting the case on the basis that it would constitute a conflict of interest because he has worked closely with that office in resolving cases for a number of years.  After a judge in the Superior Court denied the motion, Martin filed his G. L. c. 211, § 3, petition in the county court.  A single justice denied the petition without a hearing. read more

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Posted by Massachusetts Legal Resources - August 18, 2017 at 8:06 pm

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Essex Regional Retirement Board v. Justices of the Salem Division of the District Court Department of the Trial Court, et al. (Lawyers Weekly No. 11-086-17)

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-1158                                       Appeals Court

ESSEX REGIONAL RETIREMENT BOARD  vs.  JUSTICES OF THE SALEM DIVISION OF THE DISTRICT COURT DEPARTMENT OF THE TRIAL COURT[1] & another.[2]

No. 16-P-1158.

Essex.     March 8, 2017. – July 12, 2017.

Present:  Grainger, Blake, & Neyman, JJ.[3]

Public Employment, Retirement, Forfeiture of pension.  Police, Retirement.  PensionConstitutional Law, Public employment, Excessive fines clause.  County, Retirement board.  Practice, Civil, Action in nature of certiorari.  District Court, Appeal to Superior Court. read more

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Posted by Massachusetts Legal Resources - July 12, 2017 at 8:47 pm

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People for the Ethical Treatment of Animals, Inc. v. Department of Agricultural Resources, et al. (Lawyers Weekly No. 10-105-17)

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-12207

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.  vs.  DEPARTMENT OF AGRICULTURAL RESOURCES & another.[1]

Suffolk.     February 6, 2017. – June 14, 2017.

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

Public RecordsAgricultureAnimal.  Statute, Construction.  Privacy.

Civil action commenced in the Superior Court Department on October 14, 2014.

The case was heard by Christopher J. Muse, J.

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

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Posted by Massachusetts Legal Resources - June 14, 2017 at 8:09 pm

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Guardianship of Yosselin Guadalupe Penate; Department of Revenue v. Lopez, et al. (Lawyers Weekly No. 10-102-17)

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

SJC-12138

SJC-12184

GUARDIANSHIP OF YOSSELIN GUADALUPE PENATE.

DEPARTMENT OF REVENUE[1]  vs.  MANUEL MORALES LOPEZ & another.[2]

Suffolk.     January 6, 2017. – June 9, 2017.

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

Alien.  Probate Court, Jurisdiction.  Jurisdiction, Probate Court.

Petition for appointment of a guardian filed in the Suffolk Division of the Probate and Family Court Department on September 14, 2015.

A motion for special findings of fact was heard by Virginia M. Ward, J. read more

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Posted by Massachusetts Legal Resources - June 9, 2017 at 2:56 pm

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Deputy Chief Counsel for the Public Defender Division of the Committee for Public Counsel Services, et al. v. Acting First Justice of the Lowell Division of the District Court Department (Lawyers Weekly No. 10-084-17)

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-12121

DEPUTY CHIEF COUNSEL FOR THE PUBLIC DEFENDER DIVISION OF THE COMMITTEE FOR PUBLIC COUNSEL SERVICES & another[1]  vs.  ACTING FIRST JUSTICE OF THE LOWELL DIVISION OF THE DISTRICT COURT DEPARTMENT.

Suffolk.     November 9, 2016. – May 24, 2017.

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

Committee for Public Counsel Services.  District Court, Drug court session.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on February 23, 2016. read more

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Posted by Massachusetts Legal Resources - May 24, 2017 at 7:41 pm

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