Posts tagged "E.C."

In the Matter of E.C. (Lawyers Weekly No. 10-039-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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; SJCReportersjc.state.ma.us   SJC-12230   IN THE MATTER OF E.C.       Plymouth.     November 9, 2017. – March 15, 2018.   Present:  Gants, C.J., Gaziano, Lowy, & Budd, JJ.     Incompetent Person, Commitment.  Practice, Civil, Civil commitment.       Petition for civil commitment filed in the Brockton Division of the District Court Department on March 4, 2013.   The case was heard by Beverly J. Cannone, J., and a motion for reconsideration was also heard by her.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     Beth L. Eisenberg for E.C. Edward J. O’Donnell for Bridgewater State Hospital. Lester D. Blumberg, for Department of Mental Health, amicus curiae, submitted a brief.     GAZIANO, J.  In this appeal, we consider whether the dismissal of the criminal charge pending against the respondent, E.C., required his release from commitment to Bridgewater State Hospital (Bridgewater), where the charge was dismissed after the period of commitment had expired, and a petition to extend the commitment had yet to be decided. E.C. was charged in the Boston Municipal Court Department with malicious destruction of property.  Following a hearing pursuant to G. L. c. 123, § 16 (b), a judge of that court found E.C. not competent to stand trial and ordered him committed to Bridgewater for a period of six months.  After that period had expired, Bridgewater filed a petition in the District Court Department to extend the commitment for an additional period of one year, pursuant to G. L. c. 123, § 16 (c).  While the petition for an extension was pending, the criminal charge against E.C. was dismissed.  Bridgewater moved to file an amended petition to modify its pending G. L. c. 123, § 16 (c), petition to a petition for civil commitment pursuant to G. L. c. 123, §§ 7 and 8.  E.C. opposed the motion and argued that Bridgewater was required to release him because the criminal charge had been dismissed.  A District Court judge concluded that Bridgewater had no authority to hold E.C. pursuant to G. L. c. 123, § 16 (c), after the criminal charge had been dismissed and his original commitment had expired; denied Bridgewater’s petition to amend; and ordered E.C. discharged.[1]  The Appellate Division of the District Court affirmed that judgment, and the Appeals Court reversed.  See Matter of E.C., 89 Mass. App. Ct. 813 (2016).  We allowed E.C.’s application for further appellate review. We conclude […]

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Posted by Massachusetts Legal Resources - March 15, 2018 at 11:41 pm

Categories: News   Tags: , , , ,

In the Matter of E.C. (Lawyers Weekly No. 11-095-16)

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 15-P-964 Appeals Court IN THE MATTER OF E.C. No. 15-P-964. Plymouth. May 11, 2016. – August 3, 2016. Present: Grainger, Meade, & Hanlon, JJ. Incompetent Person, Commitment. Practice, Civil, Civil commitment. Petition for civil commitment filed in the Brockton Division of the District Court Department on March 4, 2013. The case was heard by Beverly J. Cannone, J., and a motion for reconsideration was also heard by her. Edward J. O’Donnell for the petitioner. Joseph A. Robinson, Committee for Public Counsel Services, for the respondent. MEADE, J. Following a hearing pursuant to G. L. c. 123, § 16(b), a judge of the Dorchester Division of the Boston Municipal Court Department (BMC) found E.C. incompetent to stand trial and committed him to Bridgewater State Hospital (BSH) for six months. After the § 16(b) commitment expired and the 2 underlying criminal charges against E.C. were dismissed, a judge of the Brockton Division of the District Court Department (Brockton District Court) denied BSH’s timely petition to extend the commitment under G. L. c. 123, § 16(c). The judge also denied BSH’s motion to amend that petition to one pursuant to G. L. c. 123, §§ 7 and 8, seeking continued civil commitment of a mentally ill person whose discharge from BSH would create a likelihood of serious harm. The Appellate Division of the District Court affirmed. On appeal, BSH claims error in the denial of the original and amended petitions. We reverse. Background. The material facts are not in dispute. On May 30, 2012, E.C. was charged in the BMC with malicious destruction of property having a value greater than $ 250 in violation of G. L. c. 266, § 127. Following a hearing pursuant to G. L. c. 123, § 15(a), a judge ordered E.C. hospitalized pursuant to G. L. c. 123, § 15(b), in order to evaluate his competency to stand trial. Based on the resulting § 15(b) report, the judge on August 7, 2012, found E.C. incompetent to stand trial. Thereafter, pursuant to BSH’s G. L. c. 123, § 16(b), petition, E.C. was committed to BSH for six months.1 1 General Laws c. 123, § 16(b), as amended by St. 1992, c. 286, § 190, states in pertinent part: “During the period of observation of a person believed to be incompetent to stand trial or within sixty days after a person […]

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Posted by Massachusetts Legal Resources - August 3, 2016 at 11:55 pm

Categories: News   Tags: , , , ,