Legal Opinion
Commonwealth v. Forte
Massachusetts Superior Court
Decided March 8, 1995No. 97548PublishedCited by 2 opinions
1Opinion of the CourtFlannery, J.
The defendant, Casper Forte, has been indicted on two counts of assault and battery on a correctional officer. Forte moves to dismiss the indictments on the grounds of double jeopardy and violations of the Eighth Amendment of the United States Constitution. For reasons stated, the motion to dismiss is allowed.
BACKGROUND
At all relevant times, Forte was an inmate in the care and custody of the Massachusetts Department of Correction, incarcerated at MCICedar Junction (Walpole). On August 17, 1993, the Department of Correction served him with a Disciplinary Report. This report alleged that on…
2Cases cited11 opinions
- Hewitt v. HelmsSupreme Court of the United States · 1983
- United States v. HalperSupreme Court of the United States · 1989
- Commonwealth v. BoydMassachusetts Supreme Judicial Court · 1975
- Berry v. CommonwealthMassachusetts Supreme Judicial Court · 1985
- United States v. Walter Michael RisingCourt of Appeals for the Tenth Circuit · 1989
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3Cited by2 opinions
- Commonwealth v. McGuinnesMassachusetts Superior Court · 1995
- Dukes v. StateCourt of Criminal Appeals of Tennessee · 1998