Legal Opinion
Bruce Gavin v. Paul Chernoff, Terry O. Jarvi v. Larry R. Meachum, Roscoe Owen Heathman v. Larry R. Meachum
Court of Appeals for the First Circuit
Decided December 30, 1976No. 76-1351, 76-1352 and 76-1354PublishedCited by 5 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Circuit Judge.
We are asked to overrule this circuit’s decision in Walsh v. Picard, 446 F.2d 1209 (1st Cir. 1971), cert. denied, 407 U.S. 921, 92 S.Ct. 2465, 32 L.Ed.2d 807 (1972), in which a divided court held that the due process clause of the fourteenth amendment does not compel the Appellate Division of the Massachusetts Superior Court to give a statement of its reasons for increasing the sentence of a defendant who has appealed to the Appellate Division for review of his sentence. See Mass.Gen.Laws ch. 278, § 28B. We decline to do so.
Appellants were convicted of…
2Cases cited16 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Morrissey v. BrewerSupreme Court of the United States · 1972
- North Carolina v. PearceSupreme Court of the United States · 1969
- Goldberg v. KellySupreme Court of the United States · 1970
- Baxter v. PalmigianoSupreme Court of the United States · 1976
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3Cited by5 opinions
- Daniel J. GATELY, Et Al., Plaintiffs, Appellees, v. COMMONWEALTH OF MASSACHUSETTS, Et Al., Defendants, AppellantsCourt of Appeals for the First Circuit · 1993
- John Pino v. Protection Maritime Insurance Company, Ltd.Court of Appeals for the First Circuit · 1979
- Commonwealth v. AllenMassachusetts Supreme Judicial Court · 1979
- Eubank Heights Apartments, Ltd. v. Estelle I. Lebow, of the Estate of Saul L. LebowCourt of Appeals for the First Circuit · 1982
- Gately v. Comm. of Mass.Court of Appeals for the First Circuit · 1993