Massachusetts SJC New Opinions

SJC Denies Bar Advocate Pay Raise Request

The Massachusetts Supreme Judicial Court (SJC) denied a request from the Committee for Public Counsel Services (CPCS) to allow judges to increase bar advocate compensation rates above legislative limits. The court found no extraordinary circumstances to justify judicial intervention in setting rates for indigent defense.

Berry v. Commonwealth - Resentencing and Psychiatric Examination

The Massachusetts Supreme Judicial Court affirmed a lower court's decision allowing a reciprocal court-ordered psychiatric examination of a defendant seeking resentencing. The defendant had presented expert testimony regarding his mental condition, prompting the Commonwealth's request for its own expert evaluation.

Ryan v. Mary Ann Morse Healthcare Corp. - Assisted Living Security Deposit Statute

The Massachusetts Supreme Judicial Court ruled in Ryan v. Mary Ann Morse Healthcare Corp. that community fees charged by assisted living residences (ALRs) can be considered lawful if they correspond to ALR-specific intake services. This decision clarifies the application of the security deposit statute to ALRs.

Attorney General v Mystic Valley Charter School - Public Records Law

The Massachusetts Supreme Judicial Court ruled that Commonwealth charter schools are subject to the State's public records law. The court affirmed a lower court's decision, finding that Mystic Valley Regional Charter School must comply with public records requests.

SJC Rules Armed Robbery Not Predicate Offense Under Force Clause

The Massachusetts Supreme Judicial Court ruled that armed robbery is not a predicate offense under the 'force clause' of G. L. c. 276, § 58A, as it can be committed with minimal force and without a weapon. This decision clarifies the scope of offenses eligible for pretrial detention under this statute.

SJC affirms Moscaritolo murder conviction, declines verdict reduction

The Massachusetts Supreme Judicial Court (SJC) affirmed the first-degree murder conviction of Michael Moscaritolo. The court declined the defendant's request to reduce the verdict to a lesser degree of guilt, upholding the conviction following a review of the evidence and legal arguments.

Harihar v. Commonwealth - Judicial Review of Lower Court Orders

The Supreme Judicial Court of Massachusetts affirmed a lower court's denial of a petition seeking relief from multiple lower court orders and judgments. The petitioner, Mohan A. Harihar, appealed the denial of his petition under G. L. c. 211, § 3, which sought to void judgments related to a foreclosure and eviction dating back to 2010. The court found that Harihar had not demonstrated an adequate alternative remedy or exceptional circumstances for the court's extraordinary intervention.

Linardon v. Staybridge Suites - Mandamus Case Affirmed

The Supreme Judicial Court of Massachusetts affirmed a lower court's denial of a petition for writ of mandamus. The petitioner sought to compel the transfer of a summary process action to the Superior Court, but the court found no statutory basis for such a transfer. The underlying case has since resulted in a judgment for the landlord.

Latham v. POAH Communities - Housing Injunction Appeal

The Supreme Judicial Court of Massachusetts affirmed a lower court's denial of a petition filed by Lincoln G. Latham, Jr. The petitioner sought relief from a preliminary injunction and the dismissal of his appeal related to a Section 8 subsidized tenancy dispute. The court found Latham had adequate alternative remedies and did not meet the criteria for review.

Commonwealth v. Tanner - DNA Testing Postconviction Relief

The Supreme Judicial Court of Massachusetts ruled in Commonwealth v. Tanner that a judge retains discretion to allow postconviction DNA testing to proceed even if the defendant dies after the testing has been ordered but before completion. The court affirmed the denial of the Commonwealth's motion to vacate the testing order.