Rachal v. Commonwealth

Massachusetts Supreme Judicial Court

Rachal v. Commonwealth

336 N.E.2d 872, 369 Mass. 956, 1975 Mass. LEXIS 1108

CourtMassachusetts Supreme Judicial Court

DecidedOctober 30, 1975

StatusPublished

Cited by3 cases

This text of 336 N.E.2d 872 (Rachal 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

Rachal v. Commonwealth, 336 N.E.2d 872, 369 Mass. 956, 1975 Mass. LEXIS 1108 (Mass. 1975).

Pincite

Opinion

The single justice did not err in dismissing this petition for a writ of error. In the Superior Court the petitioner had pleaded guilty to murder in the second degree. In spite of his plea of guilty we consider his petition. In the petition he alleged error in juvenile proceedings held in the Municipal Court of Brookline in 1968. There was no error in these proceedings, which complied with all standards applicable at the time. The case is quite similar on its facts to Stokes v. Commonwealth, 368 Mass. 754 (1975). While the question of double jeopardy was not raised in this case, had it been it is our view that the holding of Breed v. Jones, 421 U.S. 519 (1975), would not have been applicable. Had it been applicable, as the Stokes case makes clear, its applicability would not have been retroactive. There is nothing in any other assignment of error.

Judgment affirmed.

The case was submitted on briefs.

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The single justice did not err in dismissing this petition for a writ of error. In the Superior Court the petitioner had pleaded guilty to murder in the second degree. In spite of his plea of guilty we consider his petition. In the petition he alleged error in juvenile proceedings held in the Municipal Court of Brookline in 1968. There was no error in these proceedings, which complied with all standards applicable at the time. The case is quite similar on its facts to Stokes v. Commonwealth, 368 Mass. 754 (1975). While the question of double jeopardy was not raised in this case, had it been it is our view that the holding of Breed v. Jones, 421 U.S. 519 (1975), would not have been applicable. Had it been applicable, as the Stokes case makes clear, its applicability would not have been retroactive. There is nothing in any other assignment of error.

Judgment affirmed.

The case was submitted on briefs.

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Bluebook (online)

336 N.E.2d 872, 369 Mass. 956, 1975 Mass. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rachal-v-commonwealth-mass-1975.

Opinion

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