Posts tagged "Parole"

Riva v. Massachusetts Parole Board (Lawyers Weekly No. 10-136-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12270

JAMES RIVA  vs.  MASSACHUSETTS PAROLE BOARD.

August 18, 2017.

Supreme Judicial Court, Superintendence of inferior courts.  Parole.  Practice, Criminal, Discovery.

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

Riva is currently serving a life sentence for second degree murder.  After the parole board (board) denied him parole in January, 2015, he filed a complaint in the Superior Court seeking certiorari review and a declaratory judgment in connection with claimed constitutional violations that occurred in the course of the proceedings before the board.  The board’s motion to dismiss the complaint was allowed as to the declaratory judgment claim but denied as to the certiorari claim.  Riva’s subsequently-filed motion to compel discovery was initially denied, but, on Riva’s motion for reconsideration, the motion judge indicated that the motion was allowed “to the extent that the administrative record shall reflect the evidence relied upon by the parole board to issue its decision.”  Riva then filed a “motion for relief,” which also pertained to certain discovery.  After this motion was denied, Riva filed his G. L. c. 211, § 3, petition in the county court.  In the petition, he argued that his case could not proceed in the trial court without the requested discovery.  The single justice denied the petition without a hearing. read more

Posted by Stephen Sandberg - August 18, 2017 at 11:39 pm

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Crowell v. Massachusetts Parole Board (Lawyers Weekly No. 10-078-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12203

RICHARD CROWELL  vs.  MASSACHUSETTS PAROLE BOARD.

Suffolk.     January 6, 2017. – May 15, 2017.

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

Parole.  Practice, Criminal, Parole.  Americans with Disabilities Act.  Practice, Civil, Action in nature of certiorari, Motion to dismiss.

Civil action commenced in the Superior Court Department on April 2, 2014.

A motion to dismiss was heard by Raffi N. Yessayan, J., and a motion for reconsideration was considered by him. read more

Posted by Stephen Sandberg - May 15, 2017 at 9:01 pm

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Clay v. Massachusetts Parole Board (Lawyers Weekly No. 10-123-16)

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-12032

FREDERICK CLAY  vs.  MASSACHUSETTS PAROLE BOARD.

Suffolk.     April 7, 2016. – August 12, 2016.

Present:  Gants, C.J., Cordy, Botsford, Duffly, Lenk, & Hines, JJ.[1]

Parole.  Constitutional Law, Parole, Ex post facto law.  Imprisonment, Parole.  Practice, Criminal, Parole.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on November 20, 2015.

The case was reported by Botsford, J.

Jeffrey Harris for the petitioner. read more

Posted by Stephen Sandberg - August 12, 2016 at 3:24 pm

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Doucette v. Massachusetts Parole Board (Lawyers Weekly No. 11-137-14)

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

13-P-149                                        Appeals Court

CHARLES DOUCETTE  vs.  MASSACHUSETTS PAROLE BOARD.

No. 13-P-149.

Essex.     April 4, 2014. – October 29, 2014.

Present:  Berry, Katzmann, & Sullivan, JJ.

ParoleAdministrative Law, Adjudicatory proceeding, Decision, Evidence, Failure to raise issue before agency, Hearing, Regulations.  Constitutional Law, Delay in rendering decision, Impartial tribunal, Parole.  Due Process of Law, Administrative hearing, Delay in rendering decision, Hearing, Parole.  Practice, Civil, Action in nature of certiorari, Failure to raise issue, Hearsay, Motion to dismiss, Relief in the nature of certiorari, Review of administrative action, Waiver.  WaiverEvidence, Absence of witness, Administrative proceeding, Hearsay, Police report. read more

Posted by Stephen Sandberg - October 29, 2014 at 11:53 pm

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Gangi v. Massachusetts Parole Board (Lawyers Weekly No. 10-100-14)

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‑11505

DAVID GANGI  vs.  MASSACHUSETTS PAROLE BOARD.

Suffolk.     November 5, 2013.  ‑  June 11, 2014.

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

Sex OffenderCommunity Parole Supervision for LifeConstitutional Law, Sentence, Sex offender, Parole.  Due Process of Law, Sentence, Sex offender, Parole.  Practice, Criminal, Sentence, Parole.  Practice, Civil, Sex offender.  ParoleImprisonment, Parole.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on May 30, 2013. read more

Posted by Stephen Sandberg - June 11, 2014 at 8:49 pm

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