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Appeals – G.L.c. 214, §1
Where a single justice denied a petitioner’s request to be appointed to the Supreme Judicial Court's standing committee on pro bono legal services and to the Board of Bar Examiners, the single justice neither erred nor abused his discretion by denying the petition.
Appeals – G.L.c. 211, §3
Where a petitioner whose motions to withdraw his guilty pleas or for a new trial were not ruled upon sought relief under G.L.c. 211, §3, it was not an abuse of discretion for a single justice to deny that request, as the petitioner failed to demonstrate that he has availed himself of all measures available to him in the trial court to obtain a ruling on his motions.
Jurisdiction – Foster care
Where a plaintiff whose grandchildren were placed elsewhere filed a complaint in the Superior Court seeking declaratory and injunctive relief, the dismissal of the complaint should be affirmed in part and reversed in part, as the plaintiff's declaratory judgment claim lies within the Superior Court's jurisdiction but the Superior Court cannot grant the injunctive relief requested by the plaintiff.
Criminal – Immigration consequences – Admissions to sufficient facts
Where a defendant has challenged the validity of his admissions to sufficient facts, he is entitled to withdraw his admissions because the judge failed to inform him that they could have immigration consequences.
Criminal – Detention – Due process
Where a single justice denied a petition for extraordinary relief pursuant to G.L.c. 211, §3, the single justice did not err or abuse her discretion in denying relief, as the petitioner’s detention did not shock the conscience or otherwise violate substantive due process.
Criminal – Murder
Where a jury found a defendant guilty of first-degree murder, the conviction should be affirmed despite the defendant’s argument that the judge erred in seating a biased juror, the prosecutor made improper statements in closing argument, the judge abused his discretion in admitting autopsy photographs, and the judge erred in denying the defendant's pretrial motion to suppress.
Criminal – Murder
Where a defendant was convicted in 1972 of first-degree murder and armed robbery, the denial of his motion for a new trial should be affirmed.
Appeals – G.L.c. 211, §3
Where a mother petitioned relief from a Probate & Family Court temporary order granting the respondent parenting time, a single justice’s decision to deny the petition should be affirmed because the petitioner has not made a showing that review cannot adequately be obtained on appeal from any final adverse judgment or by other available means.
Elections – Initiative petition – Legislative stipends
Where the attorney general has certified an initiative petition that would amend provisions governing legislative stipends, the measure concerns “internal legislative procedures” outside the scope of the initiative petition process.
Elections – Initiative petition – Public records law
Where the attorney general has certified an initiative petition to amend the public records law, the petition does not improperly relate to the powers of courts for purposes of Article 48.
Appeals – G.L.c. 211, §3
Where a District Court judge found a criminal defendant incompetent to stand trial but denied the defendant’s motion to dismiss the charges against him, the defendant has not demonstrated that he is entitled to immediate dismissal in the interest of justice, so it was not an abuse of discretion for a single justice to deny the defendant’s petition for relief under G.L.c. 211, §3.
Juvenile – Threat against a place – ‘Counterman’ instruction
Where a juvenile was charged with communicating a threat against a place in violation of G.L.c. 269, §14 (b), a substantial risk of a miscarriage of justice resulted when the jurors were not instructed that the commonwealth must prove as an element of the offense that the individual who made the threat “consciously disregarded a substantial risk that his communications would be viewed as threat[...]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
