Posts tagged "Trial"

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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

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Posted by Massachusetts Legal Resources - March 13, 2015 at 6:12 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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Zaniboni v. Massachusetts Trial Court (Lawyers Weekly No. 10-115-13)

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‑11219

CAROLE J. ZANIBONI  vs.  MASSACHUSETTS TRIAL COURT.

June 17, 2013.

Practice, Civil, Report, Judgment notwithstanding verdict, New trial.

The plaintiff, Carole J. Zaniboni, commenced this action in 2001, alleging that the defendant, the Massachusetts Trial Court (Trial Court), had not selected her for two different promotions in her department based on her age, in violation of G. L. c. 151B.  In November, 2006, after a Superior Court jury found in her favor with respect to one of the two positions, the trial judge denied the Trial Court’s motion for judgment notwithstanding the verdict (judgment n.o.v.) but granted its alternative motion for a new trial.  The parties filed cross appeals — Zaniboni from the allowance of the Trial Court’s motion for a new trial and the Trial Court from the denial of its motion for judgment n.o.v.  The record was assembled (after some delay), and the case was entered in the Appeals Court in June, 2010.  Because the judge had granted the motion for a new trial, the appeal was premature; the record should not have been assembled and the case should not have proceeded to an appellate court.  See, e.g., Okongwu v. Stephens, 396 Mass. 724, 728-729 & n.7 (1986).  See also J.W. Smith & H.B. Zobel, Rules Practice § 50.18, at 156-157 (2d. ed. 2006). read more

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Posted by Massachusetts Legal Resources - June 17, 2013 at 5:55 pm

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Bombing Suspect Indicted at Bedside, will Face Trial in Federal Court

 Dzhokhar Tsarnaev

 

A federal magistrate visited the bedside of Dzhokhar Tsarnaev as the surviving marathon bombing suspect was charged with the crime. 

Tsarnaev is charged with unlawfully using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device) against persons and property within the United States. 

He is also charged with maliciously damaging and destroying, by means of explosive, real and personal property used in interstate and foreign commerce and actively affecting interstate and foreign commerce resulting in personal injury and death. 

Tsarnaev remains in serious condition at Beth Israel Deaconess Medical Center, according to the FBI.

White House Press Secretary Jay Carney said this afternoon that Tsarnaev will be tried in civilian court and not treated as an Enemy Combatant. Carney noted that Tsarnaev is a naturalized American citizen and thus cannot be tried in front of a military tribunal, as an enemy combatant would. read more

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Posted by Massachusetts Legal Resources - April 22, 2013 at 6:00 pm

Categories: Arrests   Tags: , , , , , , ,