Justia Massachusetts Supreme Court Opinion Summaries

Articles Posted in July, 2013
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After a jury trial, Defendant was convicted of murder in the first degree on a theory of deliberate premeditation. The Supreme Court affirmed, holding (1) the trial court did not err in suppressing Defendant's statements he made to police after he was arrested but before he received the Miranda warnings, as Defendant's statements were voluntary and not made as a result of any police prompting or coercion; (2) the remarks made by the prosecutor during his closing argument were either not improper or no substantial likelihood of a miscarriage of justice occurred due to the remarks; and (3) the trial court's jury instructions on voluntary manslaughter and use of excessive force in self-defense were in error, but under the circumstances, there was no substantial likelihood of a miscarriage of justice arising from the errors. View "Commonwealth v. Gonzalez" on Justia Law

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Plaintiffs' employment with the Department of Correction was terminated due to allegations that Plaintiffs used excessive force against an inmate. Plaintiffs appealed the termination order to the Civil Service Commission. After a single commissioner held a hearing, the Commission voted three-to-two in favor of Plaintiffs and ordered they be reinstated. The superior court reversed and remanded to the Commission with instructions that the single commissioner who conducted the hearing no longer participate in the case. After a hearing before the Division of Administrative Law Appeals (DALA) magistrate, the magistrate recommended that the Commission affirm the Department's decision to terminate Plaintiffs' employment. Only four of the five members of the Commission voted on the magistrate's recommendation, and the vote resulted in a two-to-two tie. The Commission consequently dismissed Plaintiffs' appeal. The superior court judge also concluded the tie vote effectively dismissed Plaintiffs' appeal and upheld the Department's termination order. The Supreme Court affirmed, holding that where a hearing officer recommends affirmance of the decision of an appointing authority and the Commission proceedings result in a tie vote, the initial decision of the hearing officer becomes the final decision of the Commission. View "McGuiness v. Dep't of Corr." on Justia Law