Massachusetts Supreme Judicial Court oral arguments via Suffolk University http://www.suffolk.edu/sjc/ en-us Updates for May 2-May 23, 2012 to webcast oral arguments (full-court sessions) Wed, 23 May 2012 10:34:10 EDT Massachusetts Supreme Judicial Court oral arguments via Suffolk University http://www.suffolk.edu/sjc/images/logo.gif http://www.suffolk.edu/sjc/ 89 80 SJC-10939, Vizcaino v. Commonwealth http://www.suffolk.edu/sjc/archive/2012/SJC_10939.html Wed, 23 May 2012 10:34:00 EDT Opinion released (PDF format). Issues: Contempt. Practice, Criminal, Contempt proceeding. SJC-10919, Regis College v. Town of Weston http://www.suffolk.edu/sjc/archive/2011/SJC_10919.html Wed, 23 May 2012 10:30:00 EDT Opinion released (PDF format). Issues: Zoning, Educational use. Education, Zoning. Words, "educational purpose". SJC-10928, American Federation of State, County and Municipal Employees, Council 93, AFL-CIO v. School Department of Burlington http://www.suffolk.edu/sjc/archive/2012/SJC_10928.html Tue, 22 May 2012 16:37:00 EDT Opinion released (PDF format). Issues: School and school committee, Arbitration. Arbitration, School committee, Award, Authority of arbitrator. Practice, Civil, Review respecting civil service. SJC-11044, Commonwealth v. Baye http://www.suffolk.edu/sjc/archive/2011/SJC_11044.html Tue, 22 May 2012 16:29:00 EDT Opinion released (PDF format). Issues: Constitutional law, Admissions and confessions, Voluntariness of statement, Waiver of constitutional rights. Practice, Criminal, Admissions and confessions, Voluntariness of statement, Waiver. Waiver. Evidence, Admissions and confessions, Voluntariness of statement. SJC-10968, Commonwealth v. McDonald http://www.suffolk.edu/sjc/archive/2012/SJC_10968.html Fri, 18 May 2012 10:45:00 EDT Opinion released (PDF format). Issues: Criminal harassment. SJC-11123, Souza v. Registrar of Motor Vehicles http://www.suffolk.edu/sjc/archive/2012/SJC_11123.html Thu, 17 May 2012 16:21:00 EDT Opinion released (PDF format). Issues: Motor vehicle, Operating under the influence. Statute, Construction. Practice, Criminal, Conviction, Admission to sufficient facts to warrant finding. Words, "convicted". SJC-10946, Massachusetts State Police Commissioned Officers Association v. Commonwealth http://www.suffolk.edu/sjc/archive/2012/SJC_10946.html Fri, 11 May 2012 10:45:00 EDT Opinion released (PDF format). Issues: State police. Public employment, Police, Mandatory furlough program. Massachusetts Wage Act. Declaratory relief. SJC-11016, Commonwealth v. Bright http://www.suffolk.edu/sjc/archive/2012/SJC_11016.html Thu, 10 May 2012 16:11:00 EDT Oral argument available. Issues: Criminal; Evidence-- Various issues arising out of murder conviction, including the admissibility of hearsay statements in connection with liability under a joint venture theory. SJC-11045, Impounded Case http://www.suffolk.edu/sjc/archive/2012/SJC_11045.html Thu, 10 May 2012 16:10:20 EDT Oral argument available. SJC-11050, Commonwealth v. Carey http://www.suffolk.edu/sjc/archive/2012/SJC_11050.html Thu, 10 May 2012 16:10:10 EDT Oral argument available. Issues: Criminal; Evidence-- Various issues arising out of conviction for home invasion and attempted murder, including the admissibility of pictures and a video from the defendant's computer showing women being strangled. SJC-11061, Marabello v. Town of Concord Natural Resources Commission http://www.suffolk.edu/sjc/archive/2012/SJC_11061.html Thu, 10 May 2012 16:09:30 EDT Oral argument available. Issues: Anti-SLAPP Statute-- Various issues arising out of a proceeding under the anti-SLAPP Statute involving a zoning matter. SJC-11124, Commonwealth v. P.M. http://www.suffolk.edu/sjc/archive/2012/SJC_11124.html Thu, 10 May 2012 16:09:20 EDT Oral argument available. Issues: Criminal Procedure-- Whether a District Court judge has authority to expunge a criminal record after a nol prosequi was filed. SJC-11105, Gorbatova v. Semuels http://www.suffolk.edu/sjc/archive/2012/SJC_11105.html Thu, 10 May 2012 16:09:20 EDT Oral argument available. Issues: Superintendence Power-- The petitioner is seeking discipline against an attorney who presided as a Hearing Officer in an administrative proceeding. SJC-10682, Commonwealth v. Delacruz http://www.suffolk.edu/sjc/archive/2012/SJC_10682.html Thu, 10 May 2012 16:09:10 EDT Oral argument available. Issues: Criminal-- Various issues arising out of murder conviction. SJC-10970, Commonwealth v. Washington W., a juvenile http://www.suffolk.edu/sjc/archive/2012/SJC_10970.html Thu, 10 May 2012 14:59:00 EDT Opinion released (PDF format). Issues: Youthful Offender Act. Practice, Criminal, Dismissal, Discovery. SJC-10943, Commonwealth v. Milot http://www.suffolk.edu/sjc/archive/2012/SJC_10943.html Wed, 09 May 2012 12:57:00 EDT Opinion released (PDF format). Issues: Practice, Criminal, Probation, Revocation of probation, Plea. Moot question. SJC-10953, Commonwealth v. Pena http://www.suffolk.edu/sjc/archive/2012/SJC_10953.html Wed, 09 May 2012 11:37:00 EDT Opinion released (PDF format). Issues: Practice, Criminal, Probation, Revocation of probation, Plea, Assistance of counsel. Moot question. Due process of law, Probation revocation, Assistance of counsel. Constitutional law, Assistance of counsel. SJC-10921, Melone v. Department of Public Utilities http://www.suffolk.edu/sjc/archive/2012/SJC_10921.html Wed, 09 May 2012 11:34:00 EDT Opinion released (PDF format). Issues: Department of Public Utilities. Public Utilities, Intervention, Judicial review. Administrative Law, Standing, Intervention. Practice, Civil, Standing, Intervention. SJC-11158, Flynn v. Coakley http://www.suffolk.edu/sjc/archive/2012/SJC_11158.html Tue, 08 May 2012 16:16:40 EDT Oral argument available. Issues: Initiative Petition-- Seven voters are challenging a decision of the Attorney General to certify an initiative petition to be submitted to the voters entitled "An Act Promoting Excellence in Public Schools". SJC-10841, Temple Emanuel of Newton v. Massachusetts Commission Against Discrimination http://www.suffolk.edu/sjc/archive/2012/SJC_10841.html Tue, 08 May 2012 16:16:30 EDT Oral argument available. Issues: Administrative Law; First Amendment-- The Massachusetts Commission Against Discrimination is challenging a Superior Court decision that it may not proceed with investigation of a complaint of employment discrimination made by a teacher in a religious school on the basis that the First Amendment provides the school with an exemption from liability. SJC-11010, Hunter v. Rose http://www.suffolk.edu/sjc/archive/2012/SJC_11010.html Tue, 08 May 2012 16:16:20 EDT Oral argument available. Issues: Domestic Relations; Custody-- This is a challenge to a child custody order of the Probate and Family Court where the parties had a same-sex registered domestic partnership under California law. SJC-11031, Board of Assessors of Bridgewater v. Bridgewater State College Foundation http://www.suffolk.edu/sjc/archive/2012/SJC_11031.html Tue, 08 May 2012 16:16:20 EDT Oral argument available. Issues: Taxation-- Whether real estate owned by the Bridgewater State College Foundation is entitled to a charitable exemption from real estate taxation. SJC-11057, LaChance v. Commissioner of Correction http://www.suffolk.edu/sjc/archive/2012/SJC_11057.html Tue, 08 May 2012 16:16:10 EDT Oral argument available. Issues: Prisoners' Rights-- A prisoner who was held in administrative segregation is claiming Due Process violations. SJC-11155, Commonwealth v. Walczak http://www.suffolk.edu/sjc/archive/2012/SJC_11155.html Tue, 08 May 2012 16:16:00 EDT Oral argument available. Issues: Criminal Procedure; Grand Jury-- Where the prosecutor is seeking a second degree murder indictment and the evidence shows that the defendant acted in self-defense, whether the Commonwealth must present evidence of the absence of mitigating factors to obtain an indictment. SJC-10959, Melia v. Zenhire, Inc. http://www.suffolk.edu/sjc/archive/2012/SJC_10959.html Tue, 08 May 2012 13:53:00 EDT Opinion released (PDF format). Issues: Contract, Employment, Choice of forum clause. Massachusetts Wage Act. Practice, Civil, Choice of forum, Motion to dismiss. SJC-10926, Commonwealth v. Mendes http://www.suffolk.edu/sjc/archive/2012/SJC_10926.html Mon, 07 May 2012 13:49:30 EDT Oral argument available. Issues: Criminal-- The issues in this drug prosecution are whether a search warrant was supported by probable cause and whether the admission of certificates of analysis of drugs was harmless error. SJC-10983, Commonwealth v. Mountry http://www.suffolk.edu/sjc/archive/2012/SJC_10983.html Mon, 07 May 2012 13:49:20 EDT Oral argument available. Issues: Criminal-- Various issues arising out of rape conviction. SJC-11013, Lopez v. Massachusetts Division of Human Resources http://www.suffolk.edu/sjc/archive/2012/SJC_11013.html Mon, 07 May 2012 13:48:40 EDT Oral argument available. Issues: Discrimination Law; Employment-- Minority police officers employed by various municipalities allege discrimination against the Commonwealth for its role in developing and administering a promotional examination that is used by municipalities. SJC-11122, Anderson v. BNY Mellon, N.A. http://www.suffolk.edu/sjc/archive/2012/SJC_11122.html Mon, 07 May 2012 13:48:30 EDT Oral argument available. Issues: Wills and Trusts-- This case involving a testamentary trust raises a constitutional attack on a subsequently-enacted statute that provides the rights to adopted children. SJC-11139, Boston Medical Center Corporation v. Secretary of the Executive Office of Health and Human Services http://www.suffolk.edu/sjc/archive/2012/SJC_11139.html Mon, 07 May 2012 13:48:20 EDT Oral argument available. Issues: Governmental Liability-- Hospitals are claiming that the Commonwealth is obligated to reimburse them for the costs of medical care provided to low-income patients. SJC-10984, Marcus v. City of Newton http://www.suffolk.edu/sjc/archive/2012/SJC_10984.html Mon, 07 May 2012 11:35:00 EDT Opinion released (PDF format). Issues: Practice, Civil, Summary judgment, Interlocutory appeal, Execution. Governmental immunity. Municipal corporations, Governmental immunity. Negligence, Governmental immunity. SJC-11006, Gangi v. Commonwealth http://www.suffolk.edu/sjc/archive/2012/SJC_11006.html Mon, 07 May 2012 11:33:30 EDT Opinion released (PDF format). Issues: Sex offender. Due process of law, Sex offender, Delay in rendering decision, Adjudicatory proceeding. Constitutional law, Sex offender, Delay in rendering decision. Practice, Civil, Sex offender. SJC-10973, St. George Greek Orthodox Cathedral of Western Massachusetts, Inc. v. Fire Department of Springfield http://www.suffolk.edu/sjc/archive/2012/SJC_10973.html Fri, 04 May 2012 11:02:10 EDT Opinion released (PDF format). Issues: Fire prevention. State Building Code. Municipal corporations, By-laws and ordinances, Enforcement of building code. Constitutional law, Home Rule Amendment. Declaratory relief. Practice, civil, Declaratory proceeding. Administrative law, Exhaustion of remedies. SJC-10796, Commonwealth v. Norris http://www.suffolk.edu/sjc/archive/2012/SJC_10796.html Fri, 04 May 2012 10:59:10 EDT Opinion released (PDF format). Issues: Homicide. Joint enterprise. Defense of others. Firearms. License. Practice, Criminal, Require dfinding, Assistance of counsel, Instructions to jury, Presumptions and burden of proof, Capital case. Constitutional law, Assistance of counsel. Evidence, Expert opinion. Deoxyribonucleic acid. SJC-10899, Barr Incorporated v. Town of Holliston http://www.suffolk.edu/sjc/archive/2012/SJC_10899.html Thu, 03 May 2012 11:23:10 EDT Opinion released (PDF format). Issues: Public works, Bidding procedure. Contract, Public works, Construction contract, Bidding for contract. SJC-10967, Commonwealth v. Negron http://www.suffolk.edu/sjc/archive/2012/SJC_10967.html Wed, 02 May 2012 11:20:10 EDT Opinion released (PDF format). Issues: Assault and battery by means of a dangerous weapon, Armed assault in a dwelling. Burglary. Constitutional law, Double jeopardy. Practice, Criminal, Double jeopardy, Duplicative convictions, Plea, Lesser included offense.