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Date Summaries
  
04/01/2013

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-11163
Commonwealth v. Bertini (SJC-11163)
Criminal Procedure-- In a robbery prosecution, the defendant is claiming violation of constitutional rights where the judge entered a pre-trial order that a buccal swab sample be taken from the defendant using "reasonable restraints"; the case also concerns the proper method to pursue an interlocutory appeal of such an order.
 

SJC-11164
Commonwealth v. Bertini (SJC-11164)
Criminal Procedure-- In a robbery prosecution, the defendant is claiming violation of constitutional rights where the judge entered a pre-trial order that a buccal swab sample be taken from the defendant using "reasonable restraints"; the case also concerns the proper method to pursue an interlocutory appeal of such an order.

 

SJC-11233
Morse v. Kraft
Trusts-- Whether a trustee has the power to distribute trust assets to another trust for the benefit of the beneficiary, rather than distribute assets outright to the beneficiary, without the beneficiary's consent and without court approval.

 

SJC-11243
Commonwealth v. Lezynski
Evidence-- This is an appeal of a drug conviction on the basis that testimony from a toxicologist regarding the findings of a non-testifying analyst violated the defendant's constitutional right of confrontation.

 

SJC-11268
Commonwealth v. Rivas
Criminal-- Various issues arising out of firearms conviction, including whether the defendant's motion to suppress should have been allowed.

 

SJC-11277
Commonwealth v. Moody
Search and Seizure-- Whether a judge may issue a warrant allowing law enforcement to intercept cellular telephone calls and text messages.

 

SJC-11304
Commonwealth v. Horne
  (Reserve Case)
Criminal-- Various issues arising out of murder and firearms convictions.

  
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