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Date Summaries
  
09/04/2013

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-11317
Doe v. Acton-Boxborough Regional School District
State Constitutional Law-- The plaintiffs are challenging the practice of reciting the Pledge of Allegiance, with its reference to “under God,” in a public school based on Massachusetts constitutional and statutory provisions.
 

SJC-11452
Impounded Case
Summary unavailable.

 

SJC-11453
Diatchenko v. District Attorney for the Suffolk District
Juvenile Offenders; Constitutional Law-- Whether a 2012 Supreme Court decision that a sentence of life without parole for a juvenile offender violates the Eighth Amendment applies to a 1981 conviction.

 

SJC-11454
Commonwealth v. Brown (SJC-11454)
Juvenile Offenders; Sentencing-- This case concerns the appropriate sentence for a juvenile convicted of first-degree murder after a 2012 Supreme Court decision that a sentence of life without parole for a juvenile offender violates the Eighth Amendment where the offense occurred prior to the Supreme Court decision.

 

SJC-11335
Johnson v. Kindred Healthcare Inc.
Health Care Proxy; Arbitration-- In a wrongful death action against a nursing home, whether the holder of a health care proxy may enter into an agreement in connection with the patient’s admission to a nursing home requiring arbitration of claims.

 

SJC-11336
Licata v. GGNSC Malden Dexter, LLC
Health Care Proxy; Arbitration-- In a wrongful death action against a nursing home, whether the holder of a health care proxy may enter into an agreement in connection with the patient’s admission to a nursing home requiring arbitration of claims.

 

SJC-11144
In the Matter of Patch
Bar Discipline-- Bar Counsel is appealing an order of indefinite suspension in a disciplinary proceeding against a lawyer.

 

SJC-11366
Lawless v. Board of Registration in Pharmacy
Summary unavailable.

 

SJC-11329
Commonwealth v. Molina
  (Reserve Case)
Right to Counsel-- The defendant, convicted of second-degree murder, is appealing the trial judge’s order denying a motion to suppress statements, claiming that he invoked his right to counsel during policy questioning.

  
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