Hey, there! Log in / Register

SJC

By adamg - 12/24/13 - 10:59 am

The Supreme Judicial Court today ruled a man convicted of a 1981 murder in Kenmore Square can apply for parole because he was only 17 at the time he became a killer, because his automatic sentence of life without parole violates both the federal and state prohibitions on cruel and unusual punishment, at least as far as adolescents are concerned.

The US Supreme Court ruled last year that juvenile murderers could not be automatically sentenced to life without parole but that a judge could use his discretion to impose such a sentence after a hearing.

By adamg - 11/26/13 - 11:10 am

A Boston high-school student caught with five small bags of marijuana has sparked a change in the way judges deal with teens arrested on charges the judges don't feel are warranted.

By adamg - 11/5/13 - 1:16 pm

A man charged with "upskirting" a woman on the Green Line in 2010 - and captured the next day by a decoy T cop in a skirt of her own - wants the Supreme Judicial Court to toss the charges, saying the law used to prosecute him was only meant to protect women in the shower or dressing rooms, not to people practicing the First Amendment in public.

By adamg - 8/9/13 - 11:39 am

The Supreme Judicial Court today upheld the validity of evidence obtained through tapped cell-phone convesations and text messages obtained under the state wiretapping law, written in 1968, before the advent of cell phones or widespread text messaging.

Two alleged coke dealers in Berkshire County had sued to bar the conversations as evidence against them, arguing that because state law doesn't refer to these newfangled ways of communicating, police would have needed to win warrants in federal court, where a federal law updated in 1986 to cover such things, applies.

By adamg - 8/5/13 - 10:54 am

The Supreme Judicial Court today overturned a judge's refusal to reduce a filing fee required in medical-malpractice case for two poor families.

In both cases, the judge said the families were so poor they couldn't possibly afford the $6,000 fee, that therefore, their lawyers must be picking up the fee in the hopes of winning settlements and so making them pay the full fee wouldn't affect their ability to continue in court because the lawyers could front the money.

By adamg - 7/19/13 - 11:30 am

The Supreme Judicial Court today slapped a Dedham company that fired a worker because it didn't want to bear the insurance costs of his wife's brain-tumor treatment.

Marc Flagg sued AliMed under the state's anti-discrimination law, arguing that firing him for taking care of his wife and their daughter amounted to workplace discrimination. A lower-court judge dismissed his claim, but the court's ruling today reinstates it.

By adamg - 7/15/13 - 11:38 am

The Supreme Judicial Court ruled today that prosecutors can order e-mail providers such as Google hand over the complete e-mail records of people under indictment - if they're being investigated for additional charges and under strict supervision to ensure they don't get a look at any messages between the defendants and their lawyers.

By adamg - 7/12/13 - 11:04 am

The Supreme Judicial Court ruled today a man arrested by a Smith College police officer will have to stand trial for operating under the influence even though his alleged infraction happened on a street not owned by the college.

The state's highest court noted that state law gives campus police officers the right to patrol and make arrests on land which their college makes "use." The court said this applied to the Northampton road on which the Smith officer first noticed Steven Smeaton allegedly driving erratically because it is the only way to access a Smith parking garage and other college buildings and facilities.

By adamg - 6/10/13 - 11:09 am

The Supreme Judicial Court today overturned a Hudson man's conviction for plying his underage daughter with spiked lemonade, but said he was guilty of contributing to the delinquency of a minor for serving the same booze to her even more underage friend, because state law gives parents the right to serve liquor to their children.

By adamg - 6/4/13 - 1:17 pm

The Supreme Judicial Court ruled today that a man who outgrew his violent neighborhood to become a respectable member of society still cannot legally own a concealed weapon in Boston for self protection, even though he sometimes carries large amounts of cash.

By adamg - 5/21/13 - 3:39 pm

The Supreme Judicial Court today upheld first-degree murder convictions for two men who decided to escalate an Orange Line staredown with a rival in 2003 by shooting him, only the guy with the gun missed and instead put a bullet into a woman whose baby was only two weeks from term.

The baby was delivered alive in an emergency Caesarian section, but died shortly after.

By adamg - 5/13/13 - 11:04 am

The Supreme Judicial Court ruled today that doctors' first responsibility is to their patients, not to the public at large.

The decision comes in suit by a man who wanted damages from a Mass. General neurologist whose patient suffered a seizure and crashed into him.

Richard Medina required multiple operations to repair the arm damage done in the 2001 crash and said Dr. Fred Hochberg should have done more to keep his patient, Robert Riskind, who had inoperable brain cancer, off the road:

By adamg - 5/8/13 - 11:15 am

The Supreme Judicial Court ruled today Suffolk County prosecutors could use heroin seized from a Forest Hills home as evidence against three men charged with selling it, even though a BPD detective's request for a search warrant for the home wasn't really as detailed as it should have been.

By adamg - 4/5/13 - 11:25 am

The Supreme Judicial Court ruled today a Boston police officer should not have searched the glove compartment of a car he had stopped in Dorchester because he failed to provide evidence he needed to search the car immediately to protect either his own or the public's safety.

The ruling upholds the decision of a Boston Municipal Court judge to disallow the gun and ammunition, which might make it tough for prosecutors to continue charging the couple in the car with illegal possession of a loaded firearm with a defaced serial number and illegal possession of a large capacity feeding device.

By adamg - 3/18/13 - 10:58 am

The Supreme Judicial Court ruled today a filmmaker making a documentary about a Somerville cop convicted of child rape has no right to a stenographer's audio recording of the trial because he was able to buy a copy of the official transcript she produced.

At issue is recordings made during the trial of Keith Winfield, a Somerville police officer convicted in 2007 burning and raping his infant niece with a hot object while he babysat her.

By adamg - 3/13/13 - 12:06 pm

The Supreme Judicial Court today vacated an order that had prevented a British man from seeing the then 16-year-old Massachusetts girl with whom he had had a dalliance while she and her family were on a European vacation.

After the family returned to the US, the two continued exchanging romantic messages via e-mail and Skype - even after the girl admitted she was only 16 and not 18 - and Gregory James Compton, then 24, eventually booked a flight to Boston in October, 2011, to spend more time with his stateside sweetie.

By adamg - 3/13/13 - 11:31 am

The Supreme Judicial Court today ruled against a Canton company that makes padded hip protectors, saying a Harvard Medical School researcher did not libel it in a medical-journal article that said the devices did not seem to do much to protect the elderly from broken hips.

The state's highest court said HipSaver of Canton failed to prove that Dr. Douglas Kiel and his co-authors had written anything false in their 2007 article in the Journal of the American Medical Association.

By adamg - 3/11/13 - 11:33 am

The Supreme Judicial Court ruled today that a chain of arts and craft stores violated a state consumer-privacy law when it used a woman's Zip code on her credit-card transaction to figure out where she lived and start bombarding her with circulars.

The opinion, however, does not mean Melissa Tyler gets anything, because her suit against Michaels is in federal court and the state's highest court was merely providing answers about state consumer-laws to a federal judge hearing her case - where the ultimate decision will come.

By adamg - 11/15/12 - 11:32 am

UPDATE: Reactions from the DA's office and the victim's family in the comments below.

The Supreme Judicial Court today ordered a new trial for Lamory Gray, ruling the Heath Street gang member got an unfair trial before he was convicted of murdering somebody he thought was a member of the rival H-Block gang in 2006.

By adamg - 10/26/12 - 2:38 pm

The Supreme Judicial Court ruled today a state board was wrong to bar an embalmer from working in Massachusetts because he agreed to an interview with the Boston Phoenix.

In a ruling today, the state's highest court said the Board of Registration of Funeral Directors and Embalmers simply went too far in banishing Troy Schoeller for allegedly speaking in "an undignified and salacious manner about the condition of dead bodies."

Subscribe to SJC