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· 11/17/1980

Commonwealth v. Vickey

Citations

  • 412 N.E.2d 877
  • 381 Mass. 762
  • 1980 Mass. LEXIS 1370

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that words should be given “their plain meaning in light of the aim of the Legislature,” and judicial legislation should be avoided
  • distinguishing the Police Comm’r of Boston decision; no judicial enlargement required where statutory scheme is spelled out by Legislature
  • declining to extend availability of sealing beyond named dispositions to pardon as no \strong demonstration of a legislative purpose not to limit the availability of sealing to the named dispositions\ where they \are premised on a presumption of innocence\
  • “when the statute appears not to provide for an eventuality, there is no justification for judicial legislation”
  • “Even if a pardon may remit all penal consequences of a criminal conviction, it cannot obliterate the acts which constituted the crime.”
  • “[W]hen the statute appears not to provide for an eventuality, there is no justification for judicial legislation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Braucher, Wilkins, Liacos, Abrams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.