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Date Summaries
  
01/10/2013

The summaries of cases for oral argument were prepared by Marc G. Perlin, Professor of Law at Suffolk University Law School. The summaries are not an official part of the court proceedings, and are presented so that those who access the website will have a general understanding of the legal issues in the cases set for oral argument.

 
SJC-11184
Commonwealth v. Ventura
Probation Revocation-- The defendant is appealing a Superior Court order that he register as a sex offender after a finding that he violated the terms of his probation where he had earlier been exempted from registration in connection with the underlying conviction.
 

SJC-11185
Commonwealth v. Suero
Criminal; Double Jeopardy-- Whether a conviction for indecent assault and battery on a child under the age of 14 is duplicative of a conviction for statutory rape in violation of principles of double jeopardy.

 

SJC-11187
Commonwealth v. Bartlett
Search and Seizure-- After a conviction of drug possession and driving under the influence, the defendant is appealing the denial of a motion to suppress where his car was stopped by Merrimac police in Amesbury on the basis of a claimed illegal extraterritorial stop.

 

SJC-11188
Dos Santos v. Coleta
Negligence-- This appeal arises out of a negligence claim where the plaintiff was injured after jumping from a trampoline into a swimming pool and raises questions regarding the "open and obvious danger" rule.

 

SJC-11192
Commonwealth v. Sellers
Criminal-- In this superintendence petition, the defendant is requesting that the Superior Court judge rule on his motion for new trial or that the Supreme Judicial Court grant him a new trial after a conviction for rape and assault and battery.

 

SJC-11211
Wheatley v. Massachusetts Insurers Insolvency Fund
  (Reserve Case)
Insurance; Consumer Protection Law-- Whether the plaintiff is entitled to recover attorney's fees from the defendant under G.L. c. 93A after its failure to effectuate a settlement of plaintiff's underlying negligence claim arising out of an injury at a public school.

  
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