Free Massachusetts Supreme Judicial Court case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Massachusetts Supreme Judicial Court July 24, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself | DEAN FALVY | | Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it. | Read More |
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Massachusetts Supreme Judicial Court Opinions | Ulla U. v. Commonwealth | Docket: SJC-12752 Opinion Date: July 21, 2020 Judge: Barbara A. Lenk Areas of Law: Juvenile Law | The Supreme Judicial Court held that a juvenile court judge has authority to hear a motion to dismiss as part of a transfer hearing after arraignment and that a juvenile does not have an automatic right of appeal under Mass. Gen. Laws ch. 211, 3 where the motion is denied. A juvenile argued that the prosecutor improperly delayed bringing criminal charges against her until after her nineteenth birthday and filed a motion to dismiss for prosecutorial delay. The juvenile court judge denied the juvenile's motion to dismiss, determining that the motion should be heard after the transfer hearing was complete and any subsequent complaint was issued in an adult court. The juvenile filed a petition for extraordinary relief pursuant to Mass. Gen. Laws ch. 211, 3. The single justice denied the petition, and the juvenile was arraigned. The Supreme Judicial Court remanded the case, holding (1) with certain exceptions, a juvenile court judge generally has no authority to dismiss a complaint prior to arraignment; and (2) a juvenile has no automatic right to an interlocutory appeal from the denial of a motion to dismiss for bad faith or inexcusable delay. | |
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