Professional Documents
Culture Documents
No. SJC-11530
EMORY G. SNELL,JR.,
Appellant,
v.
OFFICE OF THE CHIEF MEDICAL EXAMINER,
Appellee.
BRIEF OF APPELLANT
Issues Presented.............................. vi
Facts......................................... 6-7
Argument...................................... 7-8
VI. 950 CMR 32.09 Has The Force Of Law, And Shall
Be Enforced Against Every Massachusetts Public
Agency As A Violation Of Law .................... 16-18
i.
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Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ii.
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TABLE OF AUTHORITIES
CASELAW
Arts • 1 , 11 , 1 2 & 29 7, 18
iii.
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c.6, §172 12
c. 41 ' §97D 12
c.211, §3 18
c.221, §38 12
c.249, §5 passim
Rule 16(a)(6) 24
Rule 16(e) 24
Rule 16(f) 24
Rule 16(h) 24
Rule 18 24
Rule 20 24
iiii.
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ISSUES PRESENTED
v.
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1•
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had been since his hiring by the OCME. ibid. Dr. Kessler
Zane.
2.
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#7.
Indeed, because the lower court will not act to expand the
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4.
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where no action has been undertaken for more than two (2)
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FACTS
The determination of whether the Massachusetts Public
inspection.
Mandamus.
Due Process.
6.
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Process.
ARGUMENT
7.
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be obeyed.
8.
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1995.
9.
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appeal by the SPR, and the March 8, 2013 Admin order issued,
10.
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11 •
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§10(a-b).
her c.228, §38 (attorney oath), and comply with the Admin
12 •
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Order.
sole vehicle that the SPR provides every eitzen with access
2013 Admin Order, Fathery was instructed that she had ten
1 3.
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b), 950 CMR 32.et seqq., assures that all records stored
direct that the OCME Faherty had ten (10) days to fulfill
that had the OCME Faherty disagreed with the SPR March
14 0
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Law)(citation omitted).
1 5.
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1 6.
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Mass. 598, 603 (1967); ROYCE v. COMSR DOC, 390 Mass. 425,
as, the instant record does not evince' that OCME Fathery
17 •
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950 CMR 32.09, and enforce that SPR March 8, 2013 Admin
§3, has the power to enforce the March 8, 2013 SPR Admin
18 •
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ten (10) days). Seven months plus, is a far cry from ten
days.
429 Mass. 1019, 1020 (1999), this court under that rubic
1 9.
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20.
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SPR Admin Order, that has the force of law, and was not
394 (1914).
21 •
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trial.
SPR March 8, 2013 Admin Order has the force of law, this
22.
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Conclusion
Order. So moved.
perjury.
submitted,
lant,
Ma. 01742-2119
23.
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Emory . Snell,Jr.,
lm Str.
ncord, Ma. 01742-2119
Certificate of Service
AND
24.