- Commonwealth v. R. B., SJC-12415
The Supreme Judicial Court (SJC) has issued the following amicus solicitation:
In the context of the trial of a G.L. c.123A, §9, petition for discharge, where an objection to an alleged trial error was not made in the lower court, whether or in what circumstances appellate review is available; if appellate review is available, what standard of review should apply.
The case has been fully briefed and is likely to be quickly scheduled for oral argument in February 2018.
- Daniel Noe 5340 v. Sex Offender Registry Board, SJC-12447
The SJC has not issued an amicus solicitation but transferred the case from the Appeals Court. The issues in the case are:
- Whether an indigent offender seeking a reclassification hearing before the Sex Offender Registry Board (SORB or Board) to lower his or her classification level is entitled by statute to the appointment of counsel.
- Whether the Board’s current reclassification regulation violates the offender’s right to due process when it shifts the burden to a registered sex offender seeking reclassification to prove that his or her risk of re-offense and/or the degree of dangerousness has decreased since the offender’s original classification.
- Whether the case should not be dismissed as moot because, even though the plaintiff died prior to the issuance of the decision, the issues are of public importance and capable of repetition.
- Commonwealth Gomez, SJC-12437
The SJC has, sua sponte, granted review in this matter, which presents a question reported by the Superior Court:
To avoid a trial that is otherwise only required to preserve appellate review of the denial of a dispositive pretrial motion, may the Superior Court, with the Commonwealth’s agreement or over the Commonwealth’s objection, accept a defendant’s guilty plea and sentence the defendant expressly conditioned on defendant’s rights to appeal the denial of the specific dispositive pretrial motion and to withdraw his/her plea if the defendant prevails on appeal?
This case will give the SJC an opportunity to make a major change in the law in Massachusetts.
The issue is whether or not Massachusetts should join the majority of states in the federal court in allowing a conditional plea of guilty. This will allow a defendant to plead guilty without waiving their appellate rights to challenge a pretrial dispositive motion to suppress or motion to dismiss.