Albano v. Commonwealth

Massachusetts Supreme Judicial Court

Albano v. Commonwealth

667 N.E.2d 862, 423 Mass. 1005, 1996 Mass. LEXIS 173

CourtMassachusetts Supreme Judicial Court

DecidedJuly 25, 1996

StatusPublished

Cited by2 cases

This text of 667 N.E.2d 862 (Albano v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albano v. Commonwealth, 667 N.E.2d 862, 423 Mass. 1005, 1996 Mass. LEXIS 173 (Mass. 1996).

Pincite

Opinion

Bart J. Albano (defendant) argues that his right under the Fifth Amendment to the Constitution of the United States not to be placed twice in jeopardy would be violated if he were to be tried on an indictment charging possession of heroin with intent to distribute. A judgment has been entered in a civil action (G. L. c. 94C, § 47 [1994 ed.]) forfeiting money, a cellular telephone, and proceeds from the sale of a motor vehicle that were used, or intended for use in, the unlawful drug distribution with which the defendant is charged criminally. A judge in the Superior Court declined to [1006]*1006dismiss the indictment. The defendant sought relief pursuant to G. L. c. 211, § 3 (1994 ed.), and a single justice of this court reported the case to the full court. The defendant’s contention is answered unfavorably to him in United States v. Ursery, 116 S. Ct. 2135 (1996). A judgment shall be entered in the county court dismissing the defendant’s petition for relief pursuant to G. L. c. 211, § 3.

Joseph J. Balliro for the defendant. James R. Richards, Assistant District Attorney, for the Commonwealth. Scott Harshbarger, Attorney General, & Gail M. McKenna, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

So ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Bart J. Albano (defendant) argues that his right under the Fifth Amendment to the Constitution of the United States not to be placed twice in jeopardy would be violated if he were to be tried on an indictment charging possession of heroin with intent to distribute. A judgment has been entered in a civil action (G. L. c. 94C, § 47 [1994 ed.]) forfeiting money, a cellular telephone, and proceeds from the sale of a motor vehicle that were used, or intended for use in, the unlawful drug distribution with which the defendant is charged criminally. A judge in the Superior Court declined to [1006]*1006dismiss the indictment. The defendant sought relief pursuant to G. L. c. 211, § 3 (1994 ed.), and a single justice of this court reported the case to the full court. The defendant’s contention is answered unfavorably to him in United States v. Ursery, 116 S. Ct. 2135 (1996). A judgment shall be entered in the county court dismissing the defendant’s petition for relief pursuant to G. L. c. 211, § 3.

Joseph J. Balliro for the defendant. James R. Richards, Assistant District Attorney, for the Commonwealth. Scott Harshbarger, Attorney General, & Gail M. McKenna, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

So ordered.

Cite This Page — Counsel Stack

Bluebook (online)

667 N.E.2d 862, 423 Mass. 1005, 1996 Mass. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albano-v-commonwealth-mass-1996.

Opinion

Related

Cite This Page — Counsel Stack