Massachusetts SJC New Opinions
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.
Gorbatova v. Lynn - Municipal Citation Appeal
The Supreme Judicial Court of Massachusetts affirmed a lower court's denial of a petition for relief concerning municipal citations and fines issued by the City of Lynn. The court found that the petitioner had an available alternative remedy through an appeal to the District Court, precluding extraordinary intervention.
Commonwealth v. Caraballo-Nieves - Criminal Case Appeal
The Massachusetts Supreme Judicial Court vacated a judgment dismissing drug charges against Jesus R. Caraballo-Nieves. The court found the trial judge abused discretion by refusing to allow the Commonwealth to proceed on a motion to suppress without presenting fentanyl-containing drugs as evidence, citing a conflicting court policy.
Lombardi v. Commonwealth - Appeal of Denial of Motion to Dismiss
The Supreme Judicial Court of Massachusetts affirmed a single justice's denial of a petition for relief under G. L. c. 211, § 3. The petitioner sought to dismiss criminal charges based on an alleged extraterritorial arrest, but the court found that such claims must be raised on direct appeal after trial, not through extraordinary relief.
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