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    • What is the Massachusetts Supreme Judicial Court?
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    What is the Massachusetts Supreme Judicial Court?

    Harry Posted on

    BOSTON – Karen Read’s lawyers This week, he will ask the state’s highest court to dismiss two charges, including second-degree murder, following a mistrial in July.

    Defense attorneys for Read, a Mansfield woman accused of killing her Boston police officer boyfriend and Braintree native John O’Keefe, argued it was double jeopardy to retry her on all charges. They say jurors voted unanimously to acquit him on charges of second-degree murder and leaving the scene of an accident causing injury or death.

    But prosecutors say the defense had a chance to object to the mistrial declaration at the time but did not, and there was no verdict in the case.

    Norfolk Superior Court Judge Beverly Cannone He sided with the prosecution in a ruling in August, prompting the defense to appeal to the Supreme Judicial Court.

    Judge Elizabeth Dewar ordered in September that Read’s appeal be heard by a full panel of the Massachusetts Supreme Judicial Court. Dewar had the authority to reject the appeal outright or refer it to the full panel for consideration.

    Oral arguments will be held at 9 a.m. on Wednesday, November 6, at the John Adams Courthouse in Boston.

    What is the Massachusetts Supreme Judicial Court?

    Supreme Judicial Court It is the state’s highest court of appeals. The full panel hears appeals and issues written opinions on a wide range of criminal and civil cases. Single judges hear certain motions and other cases, such as bail reviews, bar discipline, and petitions for admission to the bar.

    The full bench issues about 200 written decisions each year, and the single judges decide a total of about 600 cases per year.

    The Supreme Judicial Court also oversees the judiciary and the bar, makes or approves rules governing court proceedings, and issues advisory opinions to the governor and legislature when requested.

    The Massachusetts Supreme Judicial Court generally issues written decisions within 130 days of oral arguments.

    Could the Massachusetts supreme court find Karen Read innocent or guilty?

    The Massachusetts Supreme Judicial Court does not hear cases. It will not rule on Karen Read’s innocence or guilt, but will rule on the trial process under appeal. There is no jury. No witness can appear before the state’s highest court.

    Who serves the Massachusetts SJC?

    The court consists of a chief judge and six associate justices appointed by the governor with the approval of eight members of the governor’s council.

    Like all judges in the state, the judges remain in office until the mandatory retirement age of 70.

    The court currently consists of Chief Judge Kimberly Budd, Judge Frank Gaziano, Judge Scott Kafker, Judge Dalila Argaez Wendlandt, Judge Serge Georges Jr., Judge Elizabeth Dewar, and Judge Gabrielle Wolohojian.

    What are the details of the Karen Read case?

    Read was charged with second-degree murder after O’Keefe’s body was found in the driveway outside the Canton home of a fellow Boston police officer during a snowstorm on Jan. 29, 2022. Prosecutors say Read was drunk and angry when he deliberately hit himself.

    But Read’s defense attorneys say he was framed for O’Keefe’s death.

    Read is also charged with involuntary manslaughter while driving under the influence and leaving the scene causing injury or death.

    Judge Beverly Cannone said: faulty judgment In the first case Read filed in July, the jury could not reach a verdict.

    Prosecutors from the Norfolk County District Attorney’s Office announced their intention to retry the case immediately after the mistrial was announced, and Cannone A second attempt was planned It will start on January 27, 2025.

    Read’s defense lawyers after mistrial motions submitted He asked to dismiss two charges in the case and said the jury unanimously agreed that Read was not guilty of second-degree murder and leaving the scene of an accident with injury or death.

    Prosecutors argued that there was no verdict to acquit Read, so Read’s retrial did not constitute double jeopardy.

    The defense team asked the court for permission Contact jurors about deliberations “for the sole purpose of asking them to confirm its accuracy,” but Cannone said there was no justification for summoning jurors to question them about their deliberations because they could not reach a verdict.

    The American Civil Liberties Union of Massachusetts sided with Read’s defense attorneys in supporting the effort to dismiss two of the three charges.

    Harry
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