Justia Massachusetts Supreme Court Opinion Summaries

Defendant, a high school student, was charged with breaking and entering the home of a friend (seeking his girlfiend) with intent to commit a misdemeanor, G.L. c. 266, 16A, and assault, G.L. c. 265, 13A. A jury trial began in 2005. During a sidebar, after the Commonwealth's final witness had testified, the judge warned defense counsel that he had not "heard anything why I wouldn't, based on these circumstances ... put [the defendant] in jail." The judge added, "[T]he facts are kind of egregious and, I don't know why he wasn't charged with house invasion." Almost immediately, defendant entered a plea of guilty to both charges. The defendant unsuccessfully moved, before the same judge, to vacate his pleas and obtain a new trial. A different judge reversed. The defendant then sought dismissal on double jeopardy grounds. The Massachusetts Supreme Court held that retrial is appropriate. The record does not support the inference that the judge acted to prejudice the defendant or out of concern that the defendant would be acquitted. Even though the girlfriend refused to testify, there is no doubt that the defendant properly could have been convicted of assault and on the breaking and entering charge. View "Parreira v. Commonwealth" on Justia Law

Petitioner's son was charged with assault and battery on a person over 60 years of age and with resisting arrest. The petitioner is the alleged victim. The son unsuccessfully moved to suppress a recording made by a third party, allegedly in violation of the wiretapping statute, G.L. c. 272, 99. The recording includes statements made by the defendant and the petitioner. The motion was denied. Petitioner sought relief under G.L. c. 211, 3, on the ground that the introduction of the recording into evidence in the defendant's trial would violate her privacy rights. The Massachusetts Supreme Court affirmed. Nothing in G.L. c. 211, 3, or rule 2:21 grants a nonparty to a criminal case standing to obtain review of an interlocutory order. The Legislature has expressly provided a civil remedy, including compensatory and punitive damages as well as attorney's fees, for any aggrieved person whose oral or wire communications are unlawfully intercepted, disclosed, or used, or whose privacy is violated by means of an unauthorized interception. G.L. c. 272, 99 Q. The petitioner does not address this remedy or explain why it would not be adequate to vindicate her privacy interests. View "In re Wadja" on Justia Law