11 results for 'judge:"Budd"'.
J. Budd supports the denial of the defendant’s motion to suppress analysis of his blood samples. His consent is not needed where he is being charged for operating under the influence resulting in serious bodily injury and death rather than simple operating under the influence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: April 1, 2024, Case #: SJC-13384, Categories: Evidence, Dui, Vehicle
J. Budd confirms a former employee’s eligibility for unemployment benefits after she was fired by her employer for refusing the Covid-19 vaccines on religious grounds. The employee did not engage in deliberate misconduct because she tried to comply with her employer’s policy by using its application process in place to apply for a religious exemption. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: March 4, 2024, Case #: SJC-13440, Categories: Employment, Covid-19
J. Budd reverses a sentence of life without parole for a defendant convicted of murder. The defendant was 18 when he committed the crime and 18-to-20-year-olds — emerging adults — are more neurologically similar to 17-year-olds than to people age 22 and older. So even though an 18-year-old is an adult, a statute determining that sentencing juveniles to life without parole constitutes cruel and unusual punishment also applies to emerging adults. Vacated.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: January 11, 2024, Case #: SJC-11693, Categories: Juvenile Law, Murder, Sentencing
J. Budd affirms the defendant’s conviction of murder and denies his motion for a new trial, but remands his case for resentencing. There was sufficient evidence to support his conviction but it is not constitutional for him to be imprisoned for life without possibility of parole because he was only 19 at the time of the crime. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: January 11, 2024, Case #: SJC-09265, Categories: Constitution, Murder, Sentencing
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J. Budd transfers a case from Housing Court to the Superior Court of Massachusetts. Based on the plain language of a statute, the Housing Court does not have jurisdiction over this case because the landlord being sued for pregnancy discrimination chose to have the complaint against him heard in court, rather than by commission, and when such an election is made, the Superior Court is the designated court.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: December 6, 2023, Case #: SJC-13438, Categories: Employment, Jurisdiction, Employment Discrimination
J. Budd denies the Massachusetts’ appeal to reverse a justice’s decision to allow the defendant limited access to the apartment of the alleged victim to prepare for trial. The Commonwealth fails to demonstrate that the defendant being allowed to reenter the apartment with a police escort for an hour for discovery purposes is an exceptional circumstance warranting the Supreme Court’s power of superintendence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: July 31, 2023, Case #: SJC-13309, Categories: Assault, Battery, Discovery
J. Budd upholds defendant's voluntary manslaughter conviction for his fatal stabbing of the victim. Although the trial court failed to instruct the jury on how it could consider certain lyrics written by defendant, the error did not prejudice him, as the prosecution did not mention them in the opening and closing statements, and the commonwealth's case as strong. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: June 12, 2023, Case #: SJC-13223 , Categories: Evidence, Manslaughter, Jury Instructions