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Date Summaries
  
10/10/2013

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-11482
Commonwealth v. Augustine
Search and Seizure-- In a murder prosecution, the Commonwealth is appealing a Superior Court judge's order allowing the defendant's motion to suppress historic cell site location information relating to the defendant's cellular phone number; the District Attorney's Office obtained the information in connection with a murder investigation without a search warrant by means of a judicial order pursuant to a federal statute.
 

SJC-11464
Commonwealth v. Bjork
Criminal-- The Commonwealth is appealing the allowance of a defendant's motion to withdraw his guilty plea to drug violations where the defendant's motion relied on falsification of drug test results at the Hinton State Laboratory and where the drug testing was performed by chemist Annie Dookhan.

 

SJC-11465
Commonwealth v. Scott
Criminal Procedure-- The Commonwealth is appealing the allowance of a defendant's motion to withdraw his admission to sufficient facts to warrant a finding of guilty to drug violations where the defendant's motion relied on falsification of drug test results at the Hinton State Laboratory and where the drug testing was performed by chemist Annie Dookhan.

 

SJC-11466
Commonwealth v. Torres
Criminal-- The Commonwealth is appealing the allowance of a defendant's motion to withdraw his guilty plea to drug violations where the defendant's motion relied on falsification of drug test results at the Hinton State Laboratory and where chemist Annie Dookhan was involved with the drug testing.

 

SJC-11463
Commonwealth v. Davila
Criminal-- The Commonwealth is appealing the allowance of a defendant's motion to withdraw his guilty plea to drug violations where the defendant's motion relied on falsification of drug test results at the Hinton State Laboratory and where chemist Annie Dookhan was involved with the drug testing.

 

SJC-11470
Commonwealth v. Gardner
Criminal-- The Commonwealth is appealing the allowance of a defendant's motion to dismiss complaints for drug violations on the basis of misconduct at the Hinton State Laboratory regarding falsification of drug test results where the drugs were analyzed during the period of time that chemist Annie Dookhan was employed at the laboratory.

 

SJC-11462
Commonwealth v. Rodriguez
Criminal-- The defendant is appealing the denial of his motion to withdraw his guilty plea to drug violations where the defendant's motion relied on falsification of drug test results at the Hinton State Laboratory and where the drug testing was performed by chemist Annie Dookhan.

 

SJC-11441
In the Matter of Fletcher
Bar Discipline-- The petitioner is appealing the denial of a petition for reinstatement to the practice of law after her disbarment.

 

SJC-11439
May v. Suntrust Mortgage, Inc.
  (Reserve Case)
Mortgages; Consumer Credit Transactions-- In a bankruptcy proceeding, the United States Bankruptcy Court has certified to the Supreme Judicial Court a question of Massachusetts law; the issue is whether the homeowners have a right to rescind their mortgage loan under the Massachusetts Consumer Credit Cost Disclosure Act.

  
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