Posts tagged "District"

Connor v. District Attorney for the Norfolk District (Lawyers Weekly No. 12-109-17)

COMMONWEALTH OF MASSACHUSETTS

 

NORFOLK, ss.                                                                                  SUPERIOR COURT

                                                                                                            CIVIL ACTION

                                                                                                            No. 14-01322

 

 

MYLES J. CONNOR

 

vs.

 

DISTRICT ATTORNEY FOR THE NORFOLK DISTRICT

 

MEMORANDUM OF DECISION AND ORDER

ON DEFENDANTS MOTION FOR RECONSIDERATION

The plaintiff, Myles J. Connor (“Connor”), brought this action for declaratory relief pursuant to G. L. c. 231A, seeking a declaration that he is the owner of certain property (“the Property”) which was seized by the District Attorney for the Norfolk District (“District Attorney”) during execution of a search warrant in 1985.  On June 12, 2017, this Court denied the District Attorney’s motion for summary judgment.  Now before the Court is the District Attorney’s motion for reconsideration.  For the reasons contained herein, the motion for reconsideration is DENIED. read more

Posted by Stephen Sandberg - August 18, 2017 at 2:10 am

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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

Posted by Stephen Sandberg - July 12, 2017 at 8:47 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

Posted by Stephen Sandberg - May 24, 2017 at 7:41 pm

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Howell v. Brockton Division of the District Court Department (Lawyers Weekly No. 10-068-17)

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

SJC-12217

CURTIS HOWELL  vs.  BROCKTON DIVISION OF THE DISTRICT COURT DEPARTMENT.

Supreme Judicial Court, Superintendence of inferior courts.

May 3, 2017.

Curtis Howell appeals from a judgment of the county court in which the single justice declined to grant his petition for relief under G. L. c. 211, § 3.  His petition and other papers, which are disorganized and difficult to decipher, apparently relate to proceedings to evaluate his competency to stand trial on criminal charges in the District Court.  We affirm. read more

Posted by Stephen Sandberg - May 3, 2017 at 7:13 pm

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Bridgeman, et al. v. District Attorney for the Suffolk District, et al. (Lawyers Weekly No. 10-014-17)

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-12157

KEVIN BRIDGEMAN & others[1]  vs.  DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & others.[2]

Suffolk.     November 16, 2016. – January 18, 2017.

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

Controlled Substances.  Constitutional Law, Conduct of government agents.  Due Process of Law, Disclosure of evidence, Presumption.  Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Postconviction relief, Conduct of government agents, Disclosure of evidence, Plea, New trial.  Evidence, Certificate of drug analysis, Disclosure of evidence. read more

Posted by Stephen Sandberg - January 18, 2017 at 4:53 pm

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Charbonneau v. Presiding Justice of the Holyoke Division of the District Court Department (Lawyers Weekly No. 10-009-16)

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-11908

JOSHUA CHARBONNEAU  vs.  PRESIDING JUSTICE OF THE HOLYOKE DIVISION OF THE DISTRICT COURT DEPARTMENT.

Suffolk.     October 8, 2015. – January 22, 2016.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Supreme Judicial Court, Superintendence of inferior courts.  District Court.  Practice, Criminal, Plea.  Statute, Construction.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on May 13, 2015.

The case was reported by Botsford, J. read more

Posted by Stephen Sandberg - January 22, 2016 at 6:02 pm

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Shipps v. District Attorney for the Norfolk District (Lawyers Weekly No. 10-111-15)

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-11733

WILLIAM M. SHIPPS, JR.  vs.  DISTRICT ATTORNEY FOR THE NORFOLK DISTRICT.

July 6, 2015.

Declaratory Relief.  Practice, Criminal, Capital case, Sentence.

William M. Shipps, Jr., filed a complaint in the county court in 2014, pursuant to G. L. c. 231A, seeking a declaration that his sentences for murder in the first degree under G. L. c. 265, § 2, as amended by St. 1979, c. 488, § 2, which were imposed thirty years earlier, are unconstitutional.  A single justice of this court dismissed the complaint.  We affirm. read more

Posted by Stephen Sandberg - July 6, 2015 at 11:49 pm

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Bridgeman v. District Attorney for the Suffolk District, et al. (Lawyers Weekly No. 10-082-15)

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-11764

KEVIN BRIDGEMAN & others[1]  vs.  DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & another.[2]

Suffolk.     January 8, 2015. – May 18, 2015.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Controlled Substances.  Constitutional Law, Plea, Conduct of government agents, Judicial review, Sentence, Delay in commencement of prosecution.  Due Process of Law, Plea, Sentence, Delay in commencement of prosecution, Intervention in civil action.  Committee for Public Counsel Services.  Attorney at Law, Attorney as witness.  Practice, Criminal, Plea, Postconviction relief, New trial, Sentence, Delay in commencement of prosecution, Conduct of government agents, Cross-examination by prosecutor.  Evidence, Guilty plea, Certificate of drug analysis, Disclosure of evidence, Cross-examination.  Supreme Judicial Court, Superintendence of inferior courts.  Practice, Civil, Intervention. read more

Posted by Stephen Sandberg - May 18, 2015 at 3:35 pm

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Diatchenko, et al. District Attorney for the Suffolk District, et al.; Commonwealth v. Roberio (Lawyers Weekly No. 10-046-15)

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-11688

SJC-11689

GREGORY DIATCHENKO & another[1]  vs.  DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & others.[2]

COMMONWEALTH  vs.  JEFFREY S. ROBERIO.

Suffolk.     November 6, 2014. – March 23, 2015.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Constitutional Law, Sentence, Parole, Assistance of counsel, Judicial review.  Due Process of Law, Sentence, Parole, Assistance of counsel.  ParolePractice, Criminal, Sentence, Parole, Assistance of counsel.  Witness, Expert. read more

Posted by Stephen Sandberg - March 23, 2015 at 5:55 pm

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Fitzgerald v. District Court Department of the Trial Court (Lawyers Weekly No. 10-044-15)

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-11648

STEVEN FITZGERALD  vs.  DISTRICT COURT DEPARTMENT OF THE TRIAL COURT.[1]

March 13, 2015

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

Steven Fitzgerald appeals from a judgment of a single justice of this court denying his petition for relief under G. L. c. 211, § 3.  Because we agree with the single justice that Fitzgerald is not entitled to extraordinary relief under G. L. c. 211, § 3, we affirm.

Fitzgerald pleaded guilty to certain criminal offenses in the District Court in 2013.  In his petition before the single justice, he argued that he was forcibly medicated when he tendered his pleas.  He also complained that he has not been able to obtain a copy of the court file of the earlier, related proceedings conducted under G. L. c. 123, §§ 8B and 16 (b), which resulted in orders that he be involuntarily committed and treated with antipsychotic medications. read more

Posted by Stephen Sandberg - March 13, 2015 at 6:12 pm

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