Doe v. Sex Offender Registry Board (Lawyers Weekly No. 11-030-15)

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JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 291554 vs. SEX OFFENDER REGISTRY BOARD. No. 13-P-1703. APPEALS COURT OF MASSACHUSETTS November 13, 2014, Argued March 27, 2015, Decided PRIOR-HISTORY: Suffolk. Civil action commenced in the Superior Court Department on April 13, 2011. The case was heard by Frances A. McIntyre Click for Enhanced Coverage Linking Searches, J., on a motion for judgment on the pleadings. HEADNOTES-1 Sex OffenderSex Offender Registration and Community Notification ActEvidence, Sex offender, Expert opinion. Witness, Expert. COUNSEL: Xiomara M. Hernández for the plaintiff. Thomas M. Doyle for the defendant. JUDGES: Present: Green, Wolohojian, & Blake, JJ. WOLOHOJIAN, J., dissenting. OPINION BY: BLAKE OPINION Blake, J. The plaintiff, John Doe, challenges his final classification by the Sex Offender Registry Board (board) as a level three sex offender. He claims that the board’s decision was not supported by substantial evidence, primarily because the governing offense involved no physical contact or sexual component and, apart from that offense, Doe had no prior criminal record. We affirm. Background. We summarize the facts found by the hearing examiner,1 supplemented by additional undisputed facts from the record. In October of 2009, Doe responded to a post on a social networking Web site from the twelve year old female victim seeking assistance running away from home. He initiated a read more

Posted by Stephen Sandberg - March 27, 2015 at 10:05 pm

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Commonwealth v. Almele (Lawyers Weekly No. 11-031-15)

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COMMONWEALTH vs. MARWAN M. ALMELE. No. 13-P-1351. APPEALS COURT OF MASSACHUSETTS December 9, 2014, Argued March 27, 2015, Decided PRIOR-HISTORY: Bristol. Complaint received and sworn to in the New Bedford Division of the District Court Department on October 22, 2010. The case was tried before Christopher D. Welch, J. HEADNOTES-1 Controlled SubstancesJoint EnterpriseEvidence, Joint enterprise, Expert opinion. Practice, Criminal, Objection, Motion in limine. Witness, Expert. COUNSEL: Patrick A. Michaud for the defendant. Shoshana E. Stern, Assistant District Attorney, for the Commonwealth. JUDGES: Present: Cohen, Fecteau, & Massing, JJ. OPINION BY: FECTEAU OPINION Fecteau, J. The defendant appeals from his convictions, following a jury trial in the District Court, of unlawful possession of class B and C controlled substances with intent to distribute, in violation of G. L. c. 94C, §§ 32A(a) and 32B(a), respectively, and possession of a class B controlled substance, in violation of G. L. c. 94C, § 34.1 He contends that the judge erred in permitting statements of a purported coventurer to be admitted against him without sufficient evidence, independent of those statements, of the existence of such a joint venture or conspiracy of which he was a part. He further contends that his motion for a required finding of not guilty was denied in error as evidence of his involvement as a joint venturer was read more

Posted by Stephen Sandberg - March 27, 2015 at 6:30 pm

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Commonwealth v. Hernandez (Lawyers Weekly No. 10-048-15)

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  COMMONWEALTH vs. AARON HERNANDEZ.
SJC-11840


SUPREME JUDICIAL COURT OF MASSACHUSETTS

March 26, 2015, Decided


+/0+/NOTICE: THIS OPINION IS SUBJECT TO FORMAL REVISION BEFORE PUBLICATION IN THE MASSACHUSETTS REPORTER USERS ARE REQUESTED TO NOTIFY THE CLERK OF THE COURT OF ANY FORMAL ERRORS SO THAT CORRECTIONS MAY BE MADE BEFORE THE BOUND VOLUMES GO TO PRESS. HEADNOTES-1 COUNSEL: The case was submitted on the papers filed, accompanied by a memorandum of law. Roger L. Michel, Jr., Assistant District Attorney, for the Commonwealth. Michael K. Fee & James L. Sultan for the defendant. OPINION The defendant is presently on trial in the Superior Court on indictments charging murder in the first degree and various firearms offenses. The Commonwealth filed a motion in limine before trial seeking to establish the admissibility of testimony from a particular witness, Robert Paradis, as to certain conversations that he had with the defendant. After the trial began, and after conducting a hearing on the motion that included a voir dire of Paradis, the trial judge denied the motion on February 18, 2015. Nineteen days later, on March 9, 2015, the Commonwealth sought relief from a single justice of this court pursuant read more

Posted by Stephen Sandberg - March 26, 2015 at 9:03 pm

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Commonwealth v. DaSilva (Lawyers Weekly No. 10-149-15)

COMMONWEALTH vs. EMMANUEL DaSILVA.
SJC-11458


SUPREME JUDICIAL COURT OF MASSACHUSETTS

2015 Mass. LEXIS 151

December 5, 2014, Argued
March 26, 2015, Decided

+/0+/NOTICE: THIS OPINION IS SUBJECT TO FORMAL REVISION BEFORE PUBLICATION IN THE MASSACHUSETTS REPORTER USERS ARE REQUESTED TO NOTIFY THE CLERK OF THE COURT OF ANY FORMAL ERRORS SO THAT CORRECTIONS MAY BE MADE BEFORE THE BOUND VOLUMES GO TO PRESS. PRIOR-HISTORY: Suffolk. Indictments found and returned in the Superior Court Department on May 2, 2007. The cases were tried before Frank M. Gaziano Click for Enhanced Coverage Linking Searches, J. HEADNOTES-1 HomicideGrand JuryEvidence, Grand jury proceedings, Testimony before grand jury, Prior misconduct, Hearsay, Relevancy and materiality, Impeachment of credibility, Exculpatory. Witness, Impeachment. PracticeCriminal, Capital case, Grand jury proceedings, Transcript of testimony before grand jury, Recording of proceedings, Argument by prosecutor, Instructions to jury. COUNSEL: John F. Palmer for the defendant. Dara Z. Kesselheim, Assistant District Attorney (Mark D. Zanini & Julie Sunkle Higgins, Assistant District Attorneys, with her) for the Commonwealth. JUDGES: Present: Gants, C.J., Spina, Cordy, Duffly, & Lenk, JJ. OPINION BY: SPINA OPINION Spina, J. The defendant was a participant in a drive-by shooting on February 13, 2007, in the Roxbury section of Boston. The motive was revenge against David Evans for the shooting of a family friend, “A.J.,” and an assault on a family member. However, the targeted group of young men standing across the street from read more

Posted by Stephen Sandberg - March 26, 2015 at 5:28 pm

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Commonwealth v. Cuevas (Lawyers Weekly No. 11-029-15)


  Commonwealth vs. Eagle Eyes Cuevas.1 1 Also known as Leonides Cuevas. No. 13-P-1792. APPEALS COURT OF MASSACHUSETTS December 9, 2014, Argued March 24, 2015, Decided PRIOR-HISTORY: Hampden. Civil action commenced in the Superior Court Department on July 12, 2010. The case was tried before +/4+/, J. COUNSEL: Edward B. Fogarty for the defendant. Deborah D. Ahlstrom, Assistant District Attorney, for the Commonwealth. JUDGES: Present: Cypher, Wolohojian, & Blake, JJ. Blake, J. After a jury trial in the Superior Court, the defendant, Eagle Eyes Cuevas, was found to be a sexually dangerous person and committed to the Massachusetts Treatment Center at Bridgewater for between one day and life. On appeal, Cuevas argues that it was reversible error to admit prior out-of-State convictions, claiming that the records were not properly authenticated and did not demonstrate that he was represented by counsel. He also claims that it was error to deny his request for fourteen peremptory jury challenges. We affirm. Background. At trial, the Commonwealth presented the reports and testimony of two qualified examiners, Dr. Katrin Rouse-Weir and Dr. Michael Murphy. Both examiners interviewed Cuevas and reviewed his treatment records, read more

Posted by Stephen Sandberg - March 25, 2015 at 11:34 pm

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Commonwealth v. Cuevas (Lawyers Weekly No. 11-028-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   13-P-1792                                       Appeals Court   COMMONWEALTH  vs.  EAGLE EYES CUEVAS.[1] No. 13-P-1792. Hampden.     December 9, 2014. – March 24, 2015.   Present:  Cypher, Wolohojian, & Blake, JJ. Sex Offender.  Evidence, Sex offender, Prior conviction, Authentication.  Due Process of Law, Sex offender, Assistance of counsel.  Constitutional Law, Assistance of counsel.  Practice, Civil, Challenge of jurors.  Practice, Criminal, Challenge to jurors, Assistance of counsel, Waiver.       Civil action commenced in read more

Posted by Stephen Sandberg - March 24, 2015 at 3:24 pm

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Commonwealth v. DeJesus (Lawyers Weekly No. 11-027-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   13-P-903                                         Appeals Court   COMMONWEALTH  vs.  EMMANUEL DeJESUS. No. 13-P-903. Middlesex.     October 1, 2014. – March 23, 2015.   Present:  Rapoza, C.J., Katzmann, & Wolohojian, JJ. Evidence, Best and secondary, Hypothetical question.  Witness, Police officer.  Entrapment.       Complaint received and sworn to in the Malden Division of the District Court Department on March 10, 2010.   The case was tried before Dominic J. Paratore, J.     Merritt Schnipper for the defendant. Erin J. read more

Posted by Stephen Sandberg - March 23, 2015 at 9:30 pm

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Diatchenko, et al. District Attorney for the Suffolk District, et al.; Commonwealth v. Roberio (Lawyers Weekly No. 10-046-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-11688 SJC-11689   GREGORY DIATCHENKO & another[1]  vs.  DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & others.[2] COMMONWEALTH  vs.  JEFFREY S. ROBERIO. Suffolk.     November 6, 2014. – March 23, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.     Constitutional Law, Sentence, Parole, Assistance of counsel, Judicial review.  Due Process of Law, Sentence, Parole, Assistance of counsel.  Parole.  Practice, Criminal, Sentence, Parole, Assistance of counsel.  Witness, Expert.       Civil action commenced in the Supreme Judicial Court for the county of Suffolk on March 19, 2013.   The case was reported by Botsford, J.   Civil action commenced in the Supreme Judicial Court for the county read more

Posted by Stephen Sandberg - March 23, 2015 at 5:55 pm

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Commonwealth v. Okoro (Lawyers Weekly No. 10-047-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-11659   COMMONWEALTH  vs.  EMMANUEL OKORO. Plymouth.     September 3, 2014. – March 23, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.     Homicide.  Constitutional Law, Sentence, Cruel and unusual punishment, Parole, Separation of powers.  Due Process of Law, Sentence, Parole.  Parole.  Witness, Expert.  Evidence, Expert opinion.  Defense of Others.  Practice, Criminal, Sentence, Parole, Instructions to jury.       Indictment found and returned in the Superior Court Department on February 29, 2008.   The case was tried before Paul E. Troy, J.; a motion for a new trial, filed on January 7, 2011, was read more

Posted by Stephen Sandberg - March 23, 2015 at 2:20 pm

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Commonwealth v. Butler (Lawyers Weekly No. 11-025-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   13-P-1828                                       Appeals Court   COMMONWEALTH  vs.  LAURA BUTLER. No. 13-P-1828. Suffolk.     November 10, 2014. – March 19, 2015.   Present:  Kantrowitz, Graham, & Katzmann, JJ.[1] Practice, Criminal, Dismissal, Discovery, Disclosure of evidence.  Evidence, Certificate of drug analysis, Disclosure of evidence.  Controlled Substances.       Complaint received and sworn to in the Central Division of the Boston Municipal Court Department read more

Posted by Stephen Sandberg - March 19, 2015 at 8:53 pm

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