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Justia Daily Opinion Summaries

Massachusetts Supreme Judicial Court
January 14, 2020

Table of Contents

Myrick v. Superior Court Department

Civil Procedure

Trahan v. Pelczar

Civil Procedure

Howell v. Commonwealth

Constitutional Law, Criminal Law

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Massachusetts Supreme Judicial Court Opinions

Myrick v. Superior Court Department

Docket: SJC-12802

Opinion Date: January 10, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner's petition for relief in the nature of mandamus, holding that the single justice did not abuse his discretion in denying relief where the record did not demonstrate that alternative avenues of relief were unavailable. Petitioner sought an order requiring the superior court clerk to assemble the record for his appeal in his underlying civil action against Harvard University. The single justice denied relief. The Supreme Judicial Court affirmed, holding that where Petitioner did not avail himself of several practical and legal steps available to prompt action in the trial court, the single justice was well within his discretion in denying relief.

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Trahan v. Pelczar

Docket: SJC-12822

Opinion Date: January 10, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Supreme Judicial Court affirmed the judgment of the single justice of the court denying Petitioner's petition pursuant to Mass. Gen. Laws ch. 211, 3 and related motions, holding that the single justice did not err or abuse her discretion in denying relief. In her petition, Petitioner requested an order requiring the superior court judge to recuse himself in civil litigation between herself and Respondent. Petitioner also filed motions in relation to the civil matter. The single justice denied the petition and all other relief sought in Petitioner's motions. The Supreme Judicial Court affirmed, holding that Petitioner could have sought interlocutory review of the judge's rulings and, as to the motion to recuse, could have directly appealed from the adverse judgment.

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Howell v. Commonwealth

Docket: SJC-12775

Opinion Date: January 10, 2020

Judge: Per Curiam

Areas of Law: Constitutional Law, Criminal Law

The Supreme Judicial Court affirmed the judgment of the single justice of the court denying Petitioner's petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse her discretion in denying relief. Petitioner was charged with assault with a dangerous weapon, and, at arraignment, a judge ordered that Petitioner be committed to the state hospital for a determination whether he was competent to stand trial. After he had been committed Petitioner filed this Mass. Gen. Laws ch. 211, 3 petition alleging violations of his due process rights. The single justice denied the petition without holding a hearing. The Supreme Judicial Court affirmed, holding that Petitioner did not demonstrate why he was entitled to review pursuant to Mass. Gen. Laws ch. 211, 3.

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