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Justia Daily Opinion Summaries

Massachusetts Supreme Judicial Court
December 24, 2019

Table of Contents

Commonwealth v. Don

Civil Rights, Constitutional Law, Criminal Law

Commonwealth v. Norris

Civil Rights, Constitutional Law, Criminal Law

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Legal Analysis and Commentary

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

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Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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Massachusetts Supreme Judicial Court Opinions

Commonwealth v. Don

Docket: SJC-11550

Opinion Date: December 20, 2019

Judge: Kafker

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court affirmed Defendant's convictions and the denial of his postconviction motions and declined to grant extraordinary relief pursuant to Mass. Gen. Laws ch. 278, 33E, holding that any error in the proceedings below was harmless. Defendant was convicted of murder in the first degree on the theory of deliberate premeditation and related charges. Before the Supreme Judicial Court was Defendant's appeal from his convictions, from the denial of his motion for a new trial, and from the denial of a motion to reconsider the denial of his new trial motion. The Supreme Judicial Court affirmed, holding (1) Defendant was not entitled to relief on his argument that newly discovered medical records warranted a new trial; (2) trial counsel was not constitutionally ineffective; (3) that the trial judge did not commit reversible error in admitting evidence of the defendant's prior, failed attempts to purchase a firearm; and (4) there was no reason for this Court to exercise its authority under Mass. Gen. Laws ch. 278, 33E to grant a new trial or to reduce or set aside the jury's verdict of murder in the first degree.

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Commonwealth v. Norris

Docket: SJC-08998

Opinion Date: December 20, 2019

Judge: Cypher

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court affirmed Defendant's conviction and the denials of Defendant's two motions for a new trial and declined to grant extraordinary relief pursuant to Mass. Gen. Laws ch. 278, 33E, holding that there was no error in the proceedings below. Specifically, the Court held (1) the trial court did not err by denying Defendant's motion for a required finding of not guilty; (2) Defendant did not receive ineffective assistance of counsel; (3) the trial judge did not err in admitting allegedly unduly prejudicial evidence, failing to sanction the Commonwealth for the alleged destruction of exculpatory evidence, and failing to recuse herself; and (4) because there was no error, any allegations of unpreserved cumulative error were without merit.

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