Crowell v. Massachusetts Parole Board

Plaintiff, who pleaded guilty to murder in the second degree and was sentenced to life imprisonment with the possibility of parole, filed a petition for parole, which the Parole Board denied. Plaintiff filed a complaint in the nature of certiorari alleging that the board violated the Americans with Disabilities Act and cognate state provisions. The superior court allowed the board’s motion to dismiss. The Supreme Judicial Court reversed, holding (1) the motion judge erred in allowing the board’s motion to dismiss because the board failed first to file the administrative record pursuant to a standing order of the superior court; and (2) contrary to Plaintiff’s assertion, Plaintiff’s commuted life sentence remains a “life sentence” within the meaning of 120 Code Mass. Regs. 301.01(5). The court remanded the case for further development of the record. View "Crowell v. Massachusetts Parole Board" on Justia Law