Rufo v. Commonwealth
Rufo v. Commonwealth
Opinion of the Court
Rufo’s complaint, filed in the county court, sought an order vacating this court’s rescript in Commonwealth v. Rufo, 429 Mass. 380 (1999) (Rufo I).
The single justice dismissed Rufo’s complaint, in part, on the ground that he lacked authority to grant the relief sought, i.e., an order invalidating a decision of the full court. On appeal, Rufo concedes that the single justice was correct on this point. However, Rufo now raises numerous arguments not raised before the single justice, only one of which warrants discussion.
Rufo contends that the court’s decision in Rufo 7 is a nullity because the court lacked subject matter jurisdiction to decide that case. Rufo argues that in
Rufo’s contention that this court, in deciding Rufo I, acted in place of the Federal judiciary on a matter within its exclusive province, fails to apprehend that the court in Rufo I did not rule on the merits of the Federal forfeiture proceeding, but only considered it as part of the chronology of events when determining whether the Federal or State court asserted jurisdiction over the currency in the first instance. Indeed, the court expressly noted that it was not for this court to assess the validity of the Federal forfeiture proceeding.
Judgment affirmed.
Rufo’s complaint was filed in April, 2003, some four years after the court’s decision in Commonwealth v. Rufo, 429 Mass. 380 (1999) (Rufo I). The record discloses no reason for Rufo’s failure to assert his claims sooner, either as part of the appeal in Rufo 7, or in a timely petition for rehearing. See Mass. R. A. P. 27, as amended, 410 Mass. 1602 (1991). The Commonwealth moved in August, 2003, to dismiss the complaint. The single justice allowed that motion and dismissed the complaint in September, 2003.
The facts that give rise to Rufo’s claims are set forth in detail in Rufo I and need not be reiterated here.
The remainder of Rufo’s arguments could have been, but were not, raised by him in Rufo I or before the single justice, and are therefore barred by principles of claim preclusion or waiver. See Heacock v. Heacock, 402 Mass. 21, 23 (1988); Milton v. Boston, 427 Mass. 1016, 1017 (1998) (declining to address in first instance claims and arguments not raised before single justice).
Rufo was not successful in contesting the Federal forfeiture in the Federal proceeding. Rufo I, supra at 382.
Reference
- Full Case Name
- Anthony Rufo v. Commonwealth & another
- Status
- Published