How to Spot a Nation in Freefall

JOSEPH MARGULIES

Cornell law professor Joseph Margulies points out that when a nation doesn’t have the money to fix its roads but does give money away to help the rich get richer, that is a sign of a nation in collapse. Margulies describes the shift to neoliberal thinking under Nixon that has produced record levels of economic inequality and explains why the Trump administration’s proposed economic policies would benefit only the rich.

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Commonwealth v. Mansur

Docket: SJC-12745

Opinion Date: February 21, 2020

Judge: Kafker

Areas of Law: Criminal Law, Government & Administrative Law

The Supreme Judicial Court held that possession of an open container of alcohol in a motor vehicle is a civil motor vehicle infraction rather than a criminal offense, thus overruling Commonwealth v. Giannino, 371 Mass. 700 (1977), in which the Court held that automobile law violations must encompass the "operation or control" of a motor vehicle. Defendant was charged with possessing open container of alcohol in a motor vehicle in violation of Mass. Gen. Laws ch. 90, 20, and other offenses. Defendant argued that the open container charged constituted a civil infraction, rather than a criminal offense. The trial court disagreed, concluding that it was a criminal offense. A jury found Defendant guilty. At issue was whether an open container violation fits within the definition of a "civil motor vehicle infraction," which is defined as an automobile law violation for which the maximum penalty does not provide for imprisonment. The Supreme Court affirmed after analyzing the legislative history and plain language of the open container statute, holding that a violation of Mass. Gen. Laws ch. 90, 24I is an automobile law violation and thus a civil motor vehicle infraction.

Kyricopoulos v. Commonwealth

Docket: SJC-12824

Opinion Date: February 21, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed the judgment of the county court denying Petitioner's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice neither erred nor abused his discretion in denying relief. Petitioner was convicted of multiple counts of larceny over $250. Petitioner's appeal was ultimately dismissed for lack of prosecution. Petitioner later filed his Mass. Gen. Laws ch. 211, 3 petition seeking an order dismissing the underlying criminal charges on the grounds that his appeal was deliberately blocked by the appeals court and others. A single justice denied relief. The Supreme Judicial Court affirmed, holding that Petitioner was not entitled to review pursuant to Mass. Gen. Laws ch. 211, 3.

Murphy v. Superior Court

Docket: SJC-12820

Opinion Date: February 21, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed the judgment of the single justice of the court denying Plaintiff's requests for declaratory relief pursuant to Mass. Gen. Laws ch. 231A, 1, holding that the single justice properly denied relief. In his petition for declaratory relief Plaintiff requested to have the judge removed from his criminal matter and sought a general declaration that the judge should not sit on any criminal matters in Bristol County. The single justice denied relief. The Supreme Judicial Court affirmed, holding (1) because Plaintiff pleaded guilty, disposing of the criminal charge, Plaintiff's request to have the judge removed from his criminal matter was moot; and (2) Plaintiff had no right as a matter of law to seek an order compelling a judge's recusal from any case other than his own.

Pinney v. Commonwealth

Docket: SJC-12774

Opinion Date: February 21, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed the judgment of a single justice denying Defendant's Mass. Gen. Laws ch. 211, 3 petition for bail review, holding that because the bail determinations were properly made and no violation of Defendant's rights occurred, the single justice did not err or abuse her discretion in denying Defendant's petition seeking review of the bail determination. Defendant's first trial for murder in the first degree and ended in a mistrial. Defendant subsequently filed a motion to dismiss the indictment on double jeopardy grounds, but the motion was denied. A single justice denied Defendant's Mass. Gen. Laws ch. 211, 3 petition seeking review of that ruling, and the Supreme Judicial Court affirmed. While Defendant's appeal was pending, bail was set in the cash amount of $250,000. After Defendant unsuccessfully filed a motion for bail review he filed a petition pursuant to Mass. Gen. Laws ch. 211, 3 for bail review. A single justice denied the petition. The Supreme Judicial Court affirmed, holding that the single justice did not err or abuse her discretion in denying the petition.