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[acc_item title=”BMC Judge Erred By Dismissing Complaint Based on Interest of Public Justice”]
Criminal Law
Commonwealth v. Joseph Everett, No. 14-P-1761 (Mass. App. Ct. Nov. 3, 2015)
Opinion digest provided by B. Tyler Blair
The Massachusetts Appeals Court addressed whether the Boston Municipal Court (BMC) has the authority to unilaterally dismiss a legally valid criminal complaint if doing so would be in the “interest[] of public justice.” A BMC judge dismissed a complaint against a defendant charged with operating a motor vehicle with a suspended license. While the Commonwealth’s complaint was supported by probable cause and met all legal elements of a valid complaint, the BMC judge explained that persecuting the defendant was unnecessary because the defendant was already following all required prescriptions to reinstate his license, and that the defendant needed the license for his employment. The Massachusetts Appeals Court held, however, that the BMC may not unilaterally dismiss a complaint by asserting an interest in public justice, but rather must comply with M. G. L. c. 278, s. 18 by first obtaining a guilty plea or a request for a continuance without a finding.
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[acc_item title=”Inadvertent Presentation of Barred Evidence Not Harmful”]
Evidence
U.S. v. Brown, No. 14-1110 (1st Cir. Nov. 4, 2015)
Opinion digest provided by Brandon R. Dillman
The United States Court of Appeals for the First Circuit considered whether the inadvertent admission of evidence, which had already been proscribed by defendant’s motion in limine, warranted a new trial. The Court reasoned that the defendant shared responsibility for the evidence being offered and admitted, and it determined there was enough other evidence to support the jury’s verdict. Thus, because the defendant was not harmed by the inadvertent presentation of the evidence, the Court affirmed the lower court’s decision to deny the motion for a new trial.
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[acc_item title=”SJC Creates Guide for Involuntary Civil Commitment Statute”]
Involuntary Civil Commitment
In the Matter of G.P., SJC-11911 (Mass. Nov. 5, 2015)
Opinion digest provided by Brandon R. Dillman
The Supreme Judicial Court interpreted M. G. L. c. 123, s. 35, which authorizes the involuntary civil commitment of persons due to alcoholism or substance abuse. While the claim before the Court was moot, the Court nevertheless took the opportunity to guide future litigants on matters associated with the statute, including the standard of proof, rules of evidence, and appellate procedure.
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