Murphy v. Superior Court
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The Supreme Judicial Court affirmed the judgment of the single justice of the court denying Plaintiff's requests for declaratory relief pursuant to Mass. Gen. Laws ch. 231A, 1, holding that the single justice properly denied relief.
In his petition for declaratory relief Plaintiff requested to have the judge removed from his criminal matter and sought a general declaration that the judge should not sit on any criminal matters in Bristol County. The single justice denied relief. The Supreme Judicial Court affirmed, holding (1) because Plaintiff pleaded guilty, disposing of the criminal charge, Plaintiff's request to have the judge removed from his criminal matter was moot; and (2) Plaintiff had no right as a matter of law to seek an order compelling a judge's recusal from any case other than his own.
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