Justia Massachusetts Supreme Court Opinion Summaries

This case arose when the Board issued a statement of allegations against plaintiff, alleging that her ability to practice medicine had become impaired by "mental instability." At issue was whether the order of the Board denying plaintiff's petition to stay the indefinite suspension of her medical license could be reviewed by a single justice of the court pursuant to G.L.c. 112, section 64, or whether the order must be reviewed in the Superior Court pursuant to G.L.c. 30A, section 14. The court concluded that neither statute applied, but that plaintiff could nonetheless obtain review before a single justice under the certiorari statute, G.L.c. 249, section 4. View "Hoffer v. Board of Registration in Medicine" on Justia Law

Defendant was convicted on two indictments charging murder in the first degree on theories of deliberate premeditation with respect to one victim and felony-murder, with armed robbery as the predicate felony, with respect to the second victim. On appeal, defendant claimed that he was denied a fair trial because the judge disallowed one of his peremptory challenges and barred the third-party culprit evidence he sought to present. The court held that the judge's decision to disallow defendant's peremptory challenge against juror no. 78 did not amount to reversible error; the judge correctly deemed the proffered evidence inadmissible; and there was no basis to set aside the verdicts of murder or order a new trial pursuant to G.L.c. 278, section 33E. Accordingly, the judgments were affirmed. View "Commonwealth v. Smith" on Justia Law