SJC seeks amicus briefs in upcoming cases

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The SJC is seeking amicus briefs in the following cases:

• SJC-13882, Commonwealth v. Noralus

The issues:

1. Whether the defendant is entitled to relief under G.L.c. 211, §3, from the denial of his request for the issuance of a writ of habeas corpus, the denial of his motion to dismiss without prejudice, or the denial of his objection to the issuance of a default warrant, on the basis that he has no adequate alternative remedy and/or that his petition raises claims that are capable of repetition but evading review.
2. Whether the defendant is entitled to relief on his claim that the trial court erred in declining to issue a writ of habeas corpus to secure the defendant’s presence at trial where the defendant was being detained out of state in the custody of U.S. Immigration and Customs Enforcement.
3. Whether the defendant is entitled to relief on his claim that the trial court erred in issuing a default warrant because the defendant’s failure to appear was a result of his out-of-state detention in ICE custody.
4. Whether the defendant is entitled to relief on his claim that the trial court erred in denying his motion to dismiss without prejudice, on the basis that his state and federal rights to a speedy trial were violated, where the defendant was being detained out of state in ICE custody.

• SJC-13875, Commonwealth v. Loredo

The issues:

1. Whether the defendant is entitled to relief under G.L.c. 211, §3, from the denial of his motion to dismiss and his objection to the issuance of a default warrant, on the basis that he has no adequate alternative remedy and/or that his petition raises claims of systemic abuses affecting the proper administration of justice.
2. Whether the defendant is entitled to relief on his claim that the trial court erred in denying his motion to compel his presence or, in the alternative, to dismiss, on the basis that the commonwealth failed to secure his appearance at trial, resulting in a violation of the defendant’s rights to due process, counsel and a speedy trial, where the defendant was being detained out of state in the custody of ICE and was ultimately deported prior to trial.
3. Whether the defendant is entitled to relief on his claim that the trial court erred in issuing a default warrant at a hearing where the defendant’s presence had been waived, but where the defendant was deported by federal immigration officials prior to the hearing.

Interested parties should file their briefs in the Clerk’s Office at the John Adams Courthouse, Suite 1-400, One Pemberton Square, Boston, MA, 02108-1724. Questions should be directed to 617-557-1020.