Posts tagged "Justice"

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

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-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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Lawyers Committee for Civil Rights and Economic Justice v. Court Administrator of the Trial Court, et al. (Lawyers Weekly No. 10-176-17)

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-12379

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND ECONOMIC JUSTICE  vs.  court administrator of the Trial Court & others.[1]

November 6, 2017.

Moot Question.  Practice, Civil, Moot case.  Trial Court.  Public Records.

The Lawyers’ Committee for Civil Rights and Economic Justice (Lawyers’ Committee) appeals from a judgment of the county court dismissing as moot its petition seeking declaratory and injunctive relief requiring the respondents, who are the court administrator, office of court management, and executive office of the Trial Court, to produce certain records pursuant to the public records law.  G. L. c. 66, § 10.  We directed the parties to file memoranda addressing whether the single justice erred or abused his discretion in dismissing the case as moot.  After reviewing the parties’ submissions, we affirm the judgment. read more

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Posted by Massachusetts Legal Resources - November 6, 2017 at 9:21 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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Oggiani v. Chief Justice of the Trial Court, et al. (Lawyers Weekly No. 10-007-17)

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-12120

JOAN E. OGGIANI  vs.  CHIEF JUSTICE OF THE TRIAL COURT & others.[1]

January 6, 2017.

Supreme Judicial Court, Superintendence of inferior courts, Removal of register of probate.

Joan E. Oggiani appeals from a judgment of the county court denying her petition for relief under G. L. c. 211, § 3, from a decision of the register of the Berkshire Division of the Probate and Family Court Department of the Trial Court, with the approval of the Chief Justice of the Probate and Family Court, removing her designation as deputy assistant register pursuant to G. L. c. 217, § 29D.[2]  We affirm the judgment. read more

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Posted by Massachusetts Legal Resources - January 7, 2017 at 1:50 am

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Harvard Climate Justice Coalition, et al. v. President and Fellows of Harvard College, et al. (Lawyers Weekly No. 11-142-16)

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-905                                        Appeals Court

HARVARD CLIMATE JUSTICE COALITION & others[1]  vs.  PRESIDENT AND FELLOWS OF HARVARD COLLEGE & others.[2]

No. 15-P-905.

Suffolk.     June 7, 2016. – October 6, 2016.

Present:  Cypher, Grainger, & Kinder, JJ.

Charity.  Corporation, Charitable corporation.  Practice, Civil, Motion to dismiss, Standing.

Civil action commenced in the Superior Court Department on November 19, 2014. read more

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Posted by Massachusetts Legal Resources - October 6, 2016 at 3:36 pm

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L.B., et al. v. Chief Justice of the Probate and Family Court Department, et al. (Lawyers Weekly No. 10-060-16)

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-11892

L.B. & another[1]  vs.  CHIEF JUSTICE OF THE PROBATE AND FAMILY COURT DEPARTMENT & others.[2]

Suffolk.     October 5, 2015. – May 4, 2016.

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

Probate Court, Guardian.  Due Process of Law, Assistance of counsel.  Constitutional Law, Assistance of counsel.  Practice, Civil, Assistance of counsel.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on May 6, 2015.

The case was reported by Botsford, J. read more

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Posted by Massachusetts Legal Resources - May 4, 2016 at 2:44 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

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Posted by Massachusetts Legal Resources - January 22, 2016 at 6:02 pm

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Campatelli v. Chief Justice of the Trial Court, et al. (Lawyers Weekly No. 10-110-14)

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‑11654

PATRICIA CAMPATELLI  vs.  CHIEF JUSTICE OF THE TRIAL COURT  & others.[1]

Suffolk.     May 8, 2014.  ‑  June 20, 2014.

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

Supreme Judicial Court, Superintendence of inferior courts.  Register of ProbateChief Justice of the Probate and Family Court DepartmentChief Justice of the Trial CourtCourt AdministratorStatute, Construction.  Practice, Civil, Waiver.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on March 14, 2014. read more

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Posted by Massachusetts Legal Resources - June 20, 2014 at 3:54 pm

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