McCabe v. Commissioner of Correction

Massachusetts Supreme Judicial Court

McCabe v. Commissioner of Correction

987 N.E.2d 193, 465 Mass. 1001, 2013 WL 1777093, 2013 Mass. LEXIS 315

CourtMassachusetts Supreme Judicial Court

DecidedApril 29, 2013

StatusPublished

Cited by1 cases

This text of 987 N.E.2d 193 (McCabe v. Commissioner of Correction) 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

McCabe v. Commissioner of Correction, 987 N.E.2d 193, 465 Mass. 1001, 2013 WL 1777093, 2013 Mass. LEXIS 315 (Mass. 2013).

Pincite

Opinion

In 1986, John McCabe was committed to the Massachusetts Treatment Center (treatment center) as a sexually dangerous person. Several years later, a Superior Court judge ordered that he be remanded to the custody of the Commissioner of Correction, subject to the terms of McCabe’s unexpired criminal sentences. More than twenty years later, McCabe filed an application in the county court seeking a declaration, pursuant to G. L. c. 231 A, § 5, that he must be returned to the treatment center. The single justice ordered the matter transferred to the Superior Court, pursuant to G. L. c. 211, § 4A, and ordered that it be consolidated with another case that McCabe had commenced there that raised essentially the same issue. McCabe appeals from the order transferring his case to the Superior Court. We affirm.

The decision to transfer a matter pursuant to G. L. c. 211, § 4A, between this court and another is a matter commended to the single justice’s discretion. See Stow v. Commonwealth, 423 Mass. 1002, 1002 (1996); Callahan v. Board of Bar Overseers, 417 Mass. 516, 519-520 (1994). McCabe fails to demonstrate any error or abuse of that discretion, and there is no occasion to disturb the single justice’s order transferring the case. McCabe’s rights are fully protected by his ability to litigate his claim in the Superior Court. We express no opinion on the merits of the claim.

Judgment affirmed.

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In 1986, John McCabe was committed to the Massachusetts Treatment Center (treatment center) as a sexually dangerous person. Several years later, a Superior Court judge ordered that he be remanded to the custody of the Commissioner of Correction, subject to the terms of McCabe’s unexpired criminal sentences. More than twenty years later, McCabe filed an application in the county court seeking a declaration, pursuant to G. L. c. 231 A, § 5, that he must be returned to the treatment center. The single justice ordered the matter transferred to the Superior Court, pursuant to G. L. c. 211, § 4A, and ordered that it be consolidated with another case that McCabe had commenced there that raised essentially the same issue. McCabe appeals from the order transferring his case to the Superior Court. We affirm.

The decision to transfer a matter pursuant to G. L. c. 211, § 4A, between this court and another is a matter commended to the single justice’s discretion. See Stow v. Commonwealth, 423 Mass. 1002, 1002 (1996); Callahan v. Board of Bar Overseers, 417 Mass. 516, 519-520 (1994). McCabe fails to demonstrate any error or abuse of that discretion, and there is no occasion to disturb the single justice’s order transferring the case. McCabe’s rights are fully protected by his ability to litigate his claim in the Superior Court. We express no opinion on the merits of the claim.

Judgment affirmed.

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Bluebook (online)

987 N.E.2d 193, 465 Mass. 1001, 2013 WL 1777093, 2013 Mass. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccabe-v-commissioner-of-correction-mass-2013.

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