Posts tagged "Walters"

Commonwealth v. Walters (Lawyers Weekly No. 10-057-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12364   COMMONWEALTH  vs.  MICHAEL WALTERS.       Bristol.     December 4, 2017. – April 12, 2018.   Present:  Gants, C.J., Gaziano, Lowy, Cypher, & Kafker, JJ.     Practice, Criminal, Sentence.  Moot Question.       Indictments found and returned in the Superior Court Department on March 28, 2011.   Following review by this court, 472 Mass. 680 (2015), a resentencing hearing was had before E. Susan Garsh, J.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     Ethan C. Stiles for the defendant. Roger L. Michel, Jr., Assistant District Attorney, for the Commonwealth.          CYPHER, J.  The defendant, Michael J. Walters, was convicted by a jury in the Superior Court of stalking, harassment, two counts of restraining order violations, and two counts of perjury.  While he was serving his State prison sentence for stalking, that conviction was vacated by this court because the evidence was insufficient.  Commonwealth v. Walters, 472 Mass. 680 (2015) (Walters I).  As a result, the defendant was resentenced on the remaining convictions.  At resentencing, the defendant requested that his perjury sentence be deemed “time served” because it was the only other sentence that could have been considered a State prison sentence.  Rather than granting the defendant’s request, however, the trial judge vacated the stalking sentence, consistent with our opinion in Walters I, and imposed the remaining sentences nunc pro tunc to the date of his original sentence.  Consequently, the defendant served his sentences for criminal harassment and a restraining order violation — crimes that normally carry a sentence to a house of correction — in State prison.  The defendant appealed from his resentencing on the ground that the structure of his resentencing scheme was illegal.  Following the Appeals Court’s dismissal of the defendant’s case as moot, we granted further appellate review.  We affirm the decision of the resentencing judge. Background.  1.  First trial and sentences.  On June 12, 2012, the defendant was convicted of stalking, G. L. c. 265, § 43 (a); criminal harassment, G. L. c. 265, § 43A (a); two counts of restraining order violations, G. L. c. 209A, § 7; and two counts of perjury, G. L. c. 268, § 1.  The trial judge sentenced the defendant to the following:  on the charge of stalking, from three to four years in a State prison; on the charge of criminal […]

Read more...

Posted by Massachusetts Legal Resources - April 12, 2018 at 5:09 pm

Categories: News   Tags: , , , ,

Commonwealth v. Walters (Lawyers Weekly No. 10-158-15)

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-11799   COMMONWEALTH  vs.  MICHAEL WALTERS.       Bristol.     May 4, 2015. – September 18, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.     Stalking.  Criminal Harassment.  Abuse Prevention.  Perjury. Social Media.  Threatening.  Evidence, Threat, Intent, Photograph, Relevancy and materiality, Argument by prosecutor, Disclosure of evidence.  Constitutional Law, Freedom of speech and press.  Intent.  Practice, Criminal, Instructions to jury, Argument by prosecutor, Disclosure of evidence, Impeachment by prior conviction.  Due Process of Law, Disclosure of evidence.  Witness, Impeachment.       Indictments found and returned in the Superior Court Department on March 28, 2011.   The cases were tried before E. Susan Garsh, J.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     Ethan C. Stiles for the defendant. David B. Mark, Assistant District Attorney (Shoshana Stern, Assistant District Attorney, with him) for the Commonwealth. The following submitted briefs for amici curiae: Claire Laporte, Marco J. Quina, Rebecca M. Cazabon, Stephen T. Bychowski, & Bendan T. Jarboe for Domestic & Sexual Violence Council, Inc., & others. Helen Gerostathos Guyton, Sandra J. Badin, Lyzzette M. Bullock, & John Nucci for Jane Doe Inc. & others. Steven M. Freeman, Lauren A. Jones, & Melissa Garlick, of New York, & Joseph Berman for Anti-Defamation League. Kirsten V. Mayer, Kavitha A. Mecozzi, Jennifer S. Pantina, Alexandra L. Roth, Matthew R. Segal, Jessie J. Rossman, & Mason Kortz for American Liberties Union of Massachusetts.     BOTSFORD, J.  This case raises the question whether a posting to the Web site Facebook may constitute a threat within the meaning of the stalking statute, G. L. c. 265, § 43 (a) (§ 43 [a]).  We conclude that although content posted to Facebook may qualify as a threat as defined in the statute, in this particular case, a reasonable jury could not have found that the defendant’s Facebook profile page constituted such a threat.  We therefore vacate the defendant’s conviction of stalking.  The defendant’s remaining convictions of criminal harassment, criminal violation of a restraining order pursuant to G. L. c. 209A, § 7 (two counts), and perjury (two counts) are affirmed.[1] Background.  1.  Facts.  Because the defendant challenges the sufficiency of the evidence presented with respect to the charges of stalking and criminal harassment, we summarize the facts the jury could have found in the light most favorable to the Commonwealth.  […]

Read more...

Posted by Massachusetts Legal Resources - September 18, 2015 at 3:15 pm

Categories: News   Tags: , , , ,