Legal Opinion
Commissioner of Correction v. Superior Court Department of the Trial Court
Massachusetts Supreme Judicial Court
Decided February 27, 2006PublishedCited by 62 opinions
1Opinion of the CourtCordy, J.
In this case, we consider whether G. L. c. 276, § 52A, authorizes a judge in the Superior Court to order the “removal” (transfer) of pretrial detainees from a county jail to a State correctional facility. We conclude that it does not.
Background. On August 16, 2005, the district attorney for the middle district (Worcester) submitted a written request to a judge in the Superior Court seeking an ex parte order that fifty-one pretrial detainees, who were being held at the Worcester County jail or house of correction, be removed by the Commissioner of Correction (commissioner) to await trial at a…
2Cases cited6 opinions
- International Fidelity Insurance v. WilsonMassachusetts Supreme Judicial Court · 1983
- General Electric Co. v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 1999
- Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1983
- Simon v. State Examiners of ElectriciansMassachusetts Supreme Judicial Court · 1985
- Commonwealth v. Clerk-Magistrate of the West Roxbury Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 2003
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3Cited by62 opinions
- Okerman v. VA Software Corp.Massachusetts Appeals Court · 2007
- Chin v. MerriotMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. Van BellMassachusetts Supreme Judicial Court · 2009
- Town of Canton v. Commissioner of Massachusetts Highway DepartmentMassachusetts Supreme Judicial Court · 2010
- Deutsche Bank National Trust Co. v. Fitchburg Capital, LLCMassachusetts Supreme Judicial Court · 2015
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