Legal Opinion

Averett

Massachusetts Supreme Judicial Court

Decided February 6, 1989PublishedCited by 39 opinions

1Opinion of the CourtHennessey, C.J.

The inmate petitioners filed petitions for writs of habeas corpus under G. L. c. 248 (1986 ed.), in the Superior Court, claiming that they had served in full their sentences, but that the Commissioner of Correction (commissioner)2 had wrongly ordered the forfeiture of their statutory *29good time credits. A Superior Court judge allowed the petitions, issued the writs, and denied the commissioner’s requests to stay the final orders pending an appeal. The commissioner then sought stays from a single justice of the Appeals Court who denied the requests and ordered that the matters be consolidated…

2Cases cited7 opinions

  1. Nelson v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1983
  2. Pina v. Superintendent, Massachusetts Correctional InstitutionMassachusetts Supreme Judicial Court · 1978
  3. Hennessy v. SUPERINTENDENT, MASS. CORRECTIONAL INST.Massachusetts Supreme Judicial Court · 1982
  4. McCastleMassachusetts Supreme Judicial Court · 1987
  5. Stokes v. Superintendent, Massachusetts Correctional InstitutionMassachusetts Supreme Judicial Court · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Diatchenko v. District Attorney for the Suffolk District Commonwealth v. RoberioMassachusetts Supreme Judicial Court · 2015
  2. Frawley v. Police Commissioner of CambridgeMassachusetts Supreme Judicial Court · 2016
  3. Commonwealth v. ChristianMassachusetts Appeals Court · 1999
  4. StewartMassachusetts Supreme Judicial Court · 1992
  5. McLellan v. Commissioner of CorrectionMassachusetts Appeals Court · 1990

34 more not listed; retrieve them via the Exa API.

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