Posts tagged "Vinnie"

Vinnie v. Superintendent, Massachusetts Correctional Facility, Norfolk (Lawyers Weekly No. 10-044-18)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12299

RAYMOND P. VINNIE  vs.  SUPERINTENDENT, MASSACHUSETTS CORRECTIONAL INSTITUTE, NORFOLK.

March 21, 2018.

Supreme Judicial Court, Superintendence of inferior courts.

In 1993, Raymond P. Vinnie was convicted of murder in the first degree.  After plenary review, we affirmed the conviction and the denial of his motion for a new trial.  Commonwealth v. Vinnie, 428 Mass. 161, cert. denied, 525 U.S. 1007 (1998), overruled on another ground by Commonwealth v. Paulding, 438 Mass. 1 (2002).  In 2016, Vinnie filed a petition for a writ of habeas corpus pursuant to G. L. c. 248, § 1, in the county court, arguing that he was unlawfully imprisoned pursuant to a void mittimus.  A single justice of this court transferred the petition to the Superior Court.  A judge in that court denied relief.  Vinnie then filed a motion in the county court, seeking to reinstate his petition on the ground that the Superior Court judge made various procedural and substantive errors.  The same single justice denied the motion without a hearing.  Vinnie appeals from that ruling. read more

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Posted by Massachusetts Legal Resources - March 21, 2018 at 3:39 pm

Categories: News   Tags: , , , , , , , ,

Vinnie v. Commonwealth (Lawyers Weekly No. 10-146-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12011

RAYMOND P. VINNIE  vs.  COMMONWEALTH.

September 12, 2016.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Capital case.  MandamusPractice, Civil, Action in nature of mandamus, Fraud.  Fraud.

The defendant, Raymond P. Vinnie, was convicted of murder in the first degree in 1993.  In his first motion for a new trial he argued, among other things, that his trial counsel erred in not requesting, and the judge erred in not giving, an instruction to the jury that it could return a verdict of guilty of murder in the second degree.  The motion judge, who was also the trial judge, denied the motion.  The defendant’s appeal from that denial was consolidated with his direct appeal, and we affirmed both the conviction and the denial of the motion for a new trial.  Commonwealth v. Vinnie, 428 Mass. 161 (1998), cert. denied, 525 U.S. 1007 (1998).  Since then, the defendant has filed numerous additional postconviction motions, the latest of which was a “petition in the nature of mandamus pursuant to G. L. c. 249, § 5,” which he filed in the county court in 2015.  A single justice denied the petition on the basis that mandamus relief was not appropriate because the defendant had another adequate remedy.  The single justice also noted that even if he were to treat the petition as a subsequent motion for a new trial and, accordingly, consider it pursuant to the gatekeeper provision of G. L. c. 278, § 33E, he would deny it because the jury instruction issue was not “new and substantial.” read more

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Posted by Massachusetts Legal Resources - September 13, 2016 at 2:19 am

Categories: News   Tags: , , , ,