Posts tagged "Application"

In the Matter of an Application for a Criminal Complaint (Lawyers Weekly No. 10-088-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   SJC-12062   IN THE MATTER OF AN APPLICATION FOR A CRIMINAL COMPLAINT.     May 25, 2017.     Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Complaint, Standing.  Police Officer.     The petitioner appeals from a judgment of the county court denying her petition for relief under G. L. c. 211, § 3.  We affirm the judgment.   The petitioner, who was a Boston police officer, filed an application for a criminal complaint in the West Roxbury Division of the Boston Municipal Court (BMC), alleging that the respondent, her supervisor, committed an assault and battery against her.  The respondent was the commander of the police station falling within that court’s jurisdiction.  After a hearing, a clerk-magistrate denied the application for lack of probable cause.  G. L. c. 218, § 35A.  The petitioner moved for reconsideration and change of venue.  The application was transferred to the Charlestown Division of the BMC for rehearing by a clerk-magistrate, although it appears that the application was not docketed until almost one year later.  The petitioner requested that the matter be transferred out of Suffolk County to Bristol County.  That request was denied.  The respondent also requested a new hearing and change of venue on the ground that he had a business relationship with all the divisions of the BMC.  As a result, the application was transferred to the Dedham Division of the District Court Department, nearly three years after the application was transferred to the Charlestown Division of the BMC.[1]  A clerk-magistrate of that court denied the application, finding no probable cause.  The petitioner then filed her G. L. c. 211, § 3, petition, seeking both a rehearing on her application and a broader ruling requiring that applications for criminal complaints made against police officers be automatically transferred to a judge outside the police officer’s jurisdiction, rather than being heard by a clerk-magistrate in the first instance.  The single justice denied relief without a hearing.   We review the single justice’s denial of relief only to determine whether there was an abuse of discretion or an error of law.  Marides v. Rossi, 446 Mass. 1007, 1007 (2006), citing Restucci v. Appeals Court, 442 Mass. 1031, 1032 (2004).  The petitioner has not demonstrated any error or abuse of discretion as to either of her claims.   First, the single justice properly denied the petitioner’s request for a rehearing of her application […]


Posted by Massachusetts Legal Resources - May 25, 2017 at 8:44 pm

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