Legal Opinion
Gardner v. Commissioner of Correction
Massachusetts Appeals Court
Decided September 20, 2002No. 99-P-1492PublishedCited by 7 opinions
1Opinion of the CourtLenk, J.
The difficulty confronting the plaintiff, Richard Gardner, is one peculiar to those who serially violate the laws of multiple jurisdictions. In this appeal, we are asked to determine the effect, if any, of the reversal of an out-of-State conviction upon prison sentences imposed by Massachusetts courts, where the Massachusetts sentences were expressly ordered to be served “from and after” the out-of-State sentences then being served and which were later reversed.
Background. On July 30, 1988, Gardner was arrested and held in Rhode Island in connection with a series of child kidnappings that had…
2Cases cited19 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Alabama v. SmithSupreme Court of the United States · 1989
- Chalifoux v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1978
- Brown v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1958
- Robert C. Beauchamp v. Paul Murphy, the Superintendent of the Old Colony Correctional CenterCourt of Appeals for the First Circuit · 1994
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3Cited by7 opinions
- Commonwealth v. WaltersMassachusetts Supreme Judicial Court · 2017
- Commonwealth v. MurphyMassachusetts Appeals Court · 2005
- Commonwealth v. HolmesMassachusetts Appeals Court · 2013
- Milton v. Commissioner of CorrectionMassachusetts Appeals Court · 2006
- Commonwealth v. GardnerMassachusetts Supreme Judicial Court · 2018
2 more not listed; retrieve them via the Exa API.