Vinnie v. Superintendent, Massachusetts Correctional Facility, Norfolk (Lawyers Weekly No. 10-044-18)
Habeas petitioner cannot reinstate petition in county court after Superior Court denial; must follow gatekeeper provision for appellate review.
Habeas petitioner cannot reinstate petition in county court after Superior Court denial; must follow gatekeeper provision for appellate review.
Court denies District Attorney's motion for reconsideration of denial of summary judgment in property seizure case; laches defense fails and statute permits return of seized property to non-defendant owner.
Mandamus petition seeking entry of settlement judgment denied where petitioners failed to demonstrate inadequacy of alternative remedies and noncompliance with appellate procedures.
Convicted murderer cannot use declaratory relief action to bypass gatekeeper procedures for challenging sentence's constitutionality thirty years after conviction.
Medical provider rejected insurer's late tender of disputed PIP benefits and continued lawsuit. Court held unpaid party may refuse tender and pursue judgment with attorney's fees.
Insurance company's initial notice to the Registry of Motor Vehicles, containing a minor identification error but all required information, satisfies statutory requirement for timely cancellation notice.