The Supreme Judicial Court affirmed the order of the Energy Facilities Siting Board approving a project change petition filed by NSTAR Electric Company, doing business as Eversource Energy, that would move the boundaries of an electric substation 190 feet from the location that had previously been approved, holding that the Board did not err in approving the project change.Specifically, the Supreme Judicial Court held (1) the Board did not err in determining that GreenRoots, Inc. did not satisfy the applicable legal standard for the reopening of a completed adjudicatory proceeding; (2) the Board complied with the statutory and regulatory requirements regarding public participation and environmental justice; and (3) the Board's conclusion that Eversource reasonably addressed risks from future sea level rise under the circumstances was supported by substantial evidence. View "GreenRoots, Inc. v. Energy Facilities Siting Bd." on Justia Law

The Supreme Court affirmed the judgment of a single justice of the court dismissing as moot Petitioner's petition pursuant to Mass. Gen. Laws. Ch. 211, 3, holding that the single justice did not err or abuse his discretion in dismissing the petition on the basis that it was moot.In 2018, Petitioner commenced this action against Respondent, alleging several tort claims. Shortly before a scheduled pretrial conference in the trial court, Petitioner filed this petition asking the court to, among other things, sanction Respondent. While the petition was pending the underlying case was dismissed for failure to prosecute. The single justice then dismissed Petitioner's Mass. Gen. Laws ch. 211, 3 petition as moot. The Supreme Judicial Court affirmed, holding that the dismissal of the case rendered the issues Petitioner raised on appeal moot. View "Waters v. Kearney" on Justia Law

The Supreme Judicial Court affirmed the judgment of a single justice of the court affirming the decision and order of the Board of Registration in Medicine suspending Petitioner's license to practice medicine, holding that the Board's decision was supported by the evidence and was not legally erroneous, procedurally defective, or arbitrary or capricious.A magistrate concluded that Petitioner was subject to discipline by the Board because his disruptive behavior on two separate occasions amounted to misconduct and demonstrated that Petitioner engaged in conduct that undermined the public confidence in the integrity of the medical profession. The Board adopted the findings and conclusions of the magistrate and concluded that Petitioner's actions warranted an indefinite suspension of his license to practice medicine. The single justice affirmed. The Supreme Judicial Court affirmed, holding (1) the Board's decision was supported by the evidence, and (2) Petitioner failed to demonstrate that the decision was legally erroneous, procedurally defective, or arbitrary and capricious. View "Schwartz v. Board of Registration in Medicine" on Justia Law

The Supreme Judicial Court affirmed the decision of the Board of Registration suspending Physician's license to practice medicine on the basis that Physician violated 243 Code Mass. Regs. 2.07(11)(a)(1), holding that the Board's findings that Physician violated the Board's regulations were supported by substantial evidence and that the decision was not arbitrary or capricious.The Board initiated a formal adjudicatory proceeding against Physician, after which a magistrate found that Physician had violated 243 Code Mass. Regs. 2.07(11)(a), which prohibits advertising that is false, deceptive, or misleading, and also violated 243 Code Mass. Regs. 1.03(5)(a)(10). The Board adopted the magistrate's findings of fact and conclusions of law and issued an indefinite suspension of Physician's license to practice medicine. The Supreme Judicial Court affirmed, holding (1) the Board's regulations do not offend due process; (2) the Board's findings were supported by substantial evidence; and (3) neither the findings nor the sanction imposed were arbitrary or capricious. View "Welter v. Bd. of Registration in Medicine" on Justia Law

The Supreme Judicial Court affirmed Defendant's conviction of two counts of murder in the first degree on theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder for the deaths of two anesthesiologists, holding that that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Judicial Court held (1) the prosecutor did not improperly appeal to the emotions of the jury during closing argument; (2) the trial court did not err in refusing to allow Defendant's requested changes to the model jury instruction on extreme atrocity or cruelty; (3) the judge did not err in denying Defendant's request for an instruction requiring specific unanimity on evidentiary factors; and (4) there was no error warranting relief under Mass. Gen. Laws ch. 278, 33E. View "Commonwealth v. Teixeira" on Justia Law

The Supreme Judicial Court affirmed the judgment of a 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 his discretion in denying relief.In his petition, Petitioner asserted claims appearing to stem from several different proceedings in the trial court and appeals court arguing, among other things, that he had been subjected to systemic fraud and "preclusion" of appeals and that his due process rights had been violated. The single justice denied the petition without holding an evidentiary hearing. The Supreme Judicial Court affirmed, holding that relief under Mass. Gen. Laws ch. 211, 3 was properly denied. View "Kifor v. Commonwealth" on Justia Law

The Supreme Judicial Court affirmed the judgment of the single justice of the court affirming a decision of the Board of Registration in Podiatry that revoked Thomas Franchini's license to practice podiatry in Massachusetts, holding that the Board's decision was not arbitrary or capricious, was supported by substantial evidence, and did not suffer from any other defect enumerated under Mass. Gen. Laws ch. 30A, 14(7).A hearings officer found that Franchini knowingly made certain false and misleading statements in his licensure application and recommended that the Board impose disciplinary sanctions. The Board largely adopted the hearing officer's decision, finding that Franchini engaged in gross misconduct such as to call into question Franchini's ability to practice podiatry, dishonesty, fraud, or deceit, and knowingly making false statements in his application to the Board. The Supreme Judicial Court affirmed, holding that Franchini should be subject to disciplinary sanctions. View "Franchini v. Bd. of Registration in Podiatry" on Justia Law

The Supreme Judicial Court dismissed as moot Appellant's appeal from a judgment of the county court denying, without a hearing, Appellant's petition for extraordinary relief, holding that the single justice did not err or abuse his discretion by denying relief.In his petition, Appellant sought relief in the nature of mandamus compelling the Department of Correction to prepare a medical parole plan in connection with his application for medical parole. After Appellant submitted his petition his request for medical parole was denied. The Supreme Judicial Court dismissed Appellant's appeal from the judgment of the county court denying the petition, holding that the litigation was considered moot. View "Troila v. Department of Correction" on Justia Law

The Supreme Judicial Court affirmed Defendant's convictions of murder in the first degree and assault and battery by means of a dangerous weapon in the stabbing death of his former girlfriend, holding that there was no error warranting a new trial and no reason for the Court to exercise its extraordinary authority under Mass. Gen. Laws ch. 278, 33E.Specifically, the Supreme Judicial Court held (1) an expert's brief testimony concerning the legal definition of a mental disease or defect did not rise to the level of a substantial likelihood of a miscarriage of justice; (2) the trial judge did not abuse his discretion by not providing the jury a supplemental instruction distinguishing between a lack of criminal responsibility and diminished capacity; (3) there was no error in the instruction on the inference of an intent to kill that the jury could draw from the use of a dangerous weapon; and (4) the judge did not err in declining to instruct the jury to consider whether Defendant was incapable of resisting the urge to consume drugs or alcohol. View "Commonwealth v. Toolan" on Justia Law

The Supreme Judicial Court reversed the order of the trial denying Defendant's motion to vacate global positioning system (GPS) monitoring as a condition of his probation, holding that the Commonwealth failed to establish how the imposition of GPS monitoring would further its interest in enforcing the court-ordered exclusion zone surrounding the victim's home.Defendant was convicted on two indictments charging him with rape and sentenced to a term of incarceration followed by probation. As a condition of probation, the judge ordered Defendant to submit to GPS monitoring pursuant to Mass. Gen. Laws ch. 265, 47. Defendant moved to vacate the condition of GPS monitoring on the ground that it constituted an unreasonable search. The trial judge denied the motion. The Supreme Judicial Court reversed, holding that the Commonwealth did not meet its burden of establishing the constitutionality of the warrantless search. View "Commonwealth v. Roderick" on Justia Law