Carrington v. Commonwealth (Lawyers Weekly No. 10-200-15)
Denial of c. 211, § 3 petition affirmed where defendant exhausted ordinary appellate review; extraordinary superintendence power exercised sparingly, not as additional appellate layer.
SJC Opinions
Souza v. Commonwealth (Lawyers Weekly No. 10-199-15)
Defendant seeking resentencing on harshness and ineffective-assistance grounds not entitled to extraordinary relief when direct appeal is pending.
Doe, Sex Offender Registry Board No. 380316 v. Sex Offender Registry Board (Lawyers Weekly No. 10-198-15)
SJC overrules prior precedent, holding that clear and convincing evidence is required to classify sex offenders by risk level due to changed circumstances.
Chin v. Commonwealth (Lawyers Weekly No. 10-196-15)
Denial of interlocutory relief from ruling admitting witnesses in civil commitment case affirmed where party has adequate appellate and trial remedies.
Koll v. Edelstein (Lawyers Weekly No. 10-197-15)
Husband's petition for extraordinary relief from order appointing special master to sell marital home properly denied where he sought duplicate interlocutory review and failed to show irreparable harm.
Brea v. Commonwealth (Lawyers Weekly No. 10-195-15)
Defendant's petition for immediate appellate review of a motion to dismiss denial, filed before arraignment, was properly dismissed as interlocutory review unavailable absent exceptional circumstances.
Sliney v. Previte, et al. (Lawyers Weekly No. 10-194-15)
Retroactive extension of statute of limitations for child sexual abuse claims applies to pending case where petitions for appellate review remain outstanding at time of enactment.
Commonwealth v. Tejeda (Lawyers Weekly No. 10-193-15)
Defendant cannot be convicted of murder under felony-murder rule when accomplice killed by person resisting robbery; liability limited to deaths caused by joint venturer in furtherance of crime.
Field v. Commonwealth (Lawyers Weekly No. 10-192-15)
Murder conviction appeal; trial court orders requiring trial counsel testimony and production of mental health records; privilege claims properly addressed on appeal rather than through extraordinary relief petition.
In the Matter of Chalupowski (Lawyers Weekly No. 10-191-15)
Bar applicant denied admission due to lack of candor in disclosing litigation history and demonstrated disrespect for the legal system through frivolous suits.