Commonwealth v. Libby (Lawyers Weekly No. 10-108-15)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11831 COMMONWEALTH  vs.  BRIAN LIBBY.       Suffolk.      May 7, 2015. – July 1, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.     Sex Offender.  Due Process of Law, Sex offender, Pretrial detainees.  Statute, Construction.  Words, “Prisoner.”       Civil action commenced in the Supreme Judicial Court for the county of Suffolk on November 6, 2014.   The case was reported by Duffly, J.     Eric Tennen (Michael F. Farrington with him) for the read more

Posted by Stephen Sandberg - July 1, 2015 at 10:10 pm

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Schussel, et al. v. Commissioner of Revenue (Lawyers Weekly No. 10-107-15)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11807   GEORGE SCHUSSEL & another[1]  vs.  COMMISSIONER OF REVENUE. Suffolk.     March 3, 2015. – July 1, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. Taxation, Appellate Tax Board:  findings, Income tax, Gross income, Income tax returns.  Words, “Tax-related.”       Appeal from a decision of the Appellate Tax Board.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     Francis J. DiMento for the read more

Posted by Stephen Sandberg - July 1, 2015 at 6:37 pm

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Commonwealth v. Dossantos (Lawyers Weekly No. 10-106-15)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11790   COMMONWEALTH  vs.  DOUGLAS DOSSANTOS. Middlesex.     March 2, 2015. – July 1, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. Domestic Violence Record Keeping System.       Complaint received and sworn to in the Framingham Division of the District Court Department on August 25, 2014.   A question of law was reported to the Appeals Court by Douglas W. Stoddart, J.   The Supreme Judicial Court granted an application for direct appellate review.     Alexandra H. Deal for the defendant. Melissa Weisgold read more

Posted by Stephen Sandberg - July 1, 2015 at 3:03 pm

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Commonwealth v. Komnenus (Lawyers Weekly No. 11-071-15)

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-1457                                       Appeals Court   COMMONWEALTH  vs.  WALTER KOMNENUS. No. 13-P-1457. Middlesex.     November 13, 2014. – June 30, 2015.   Present:  Green, Wolohojian, & Blake, JJ. Controlled Substances.  Practice, Criminal, Motion to suppress, Required finding, Instructions to jury.  Consent.  Search and Seizure, Consent, Fruits of illegal search, Protective sweep.  Constitutional Law, Search and seizure.         Indictment found and returned in the Superior read more

Posted by Stephen Sandberg - July 1, 2015 at 12:43 am

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F.A.P. v. J.E.S. (Lawyers Weekly No. 11-072-15)

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   14-P-758                                   Appeals Court   F.A.P.  vs.  J.E.S. No. 14-P-758. Middlesex.     February 5, 2015. – June 30, 2015.   Present:  Vuono, Milkey, & Blake, JJ. Civil Harassment.  Harassment Prevention.  Protective Order.  Rape.  Minor.  Child Abuse.  Witness, Cross-examination.  Evidence,  Hearsay.  Practice, Civil, Hearsay.       Complaint for protection from harassment filed in the Middlesex County Division of the Juvenile Court Department on March 21, 2013.   The case was heard by Gwendolyn R. Tyre, J.   read more

Posted by Stephen Sandberg - June 30, 2015 at 9:08 pm

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Commonwealth v. Wallace (and a companion case) (Lawyers Weekly No. 10-105-15)

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-11705 SJC-11707   COMMONWEALTH  vs.  NICKOYAN WALLACE (and a companion case[1]). Suffolk.     February 4, 2015. – June 30, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, & Lenk, JJ. Homicide.  Constitutional Law, Speedy trial, Delay in commencement of prosecution.  Due Process of Law, Delay in commencement of prosecution.  Practice, Criminal, Speedy trial, Delay in commencement of prosecution, Capital case.       Indictments found and returned in the Superior Court Department on May 22, 2002.   Motions to dismiss, filed on June 18 and 28, 2010, were heard by Charles J. Hely, J. read more

Posted by Stephen Sandberg - June 30, 2015 at 5:33 pm

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Commonwealth v. Martinez (Lawyers Weekly No. 11-070-15)

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   14-P-1087                                       Appeals Court   COMMONWEALTH  vs.  KEYLA MARTINEZ.[1] No. 14-P-1087. Suffolk.     March 3, 2015. – June 29, 2015.   Present:  Kantrowitz, Blake, & Massing, JJ. Motor Vehicle, Leaving scene of accident.  Practice, Criminal, Required finding.     Complaint received and sworn to in the Central Division of the Boston Municipal Court Department on March 7, 2013.   The case was tried before Robert J. McKenna, Jr., J.     Sandra E. Lundy for the defendant.
Alison Taylor Holdway, Special Assistant District Attorney, for the Commonwealth.

 

 

KANTROWITZ, J.  In a case containing some rather odd facts, the defendant, Keyla Martinez, was convicted of leaving the scene of an automobile accident without making known her name, address, and vehicle registration number under G. L. c. 90, § 24(2)(a), despite her offer of the information.  Providing the required information is necessary under the statute; in this case, the attempt to provide it was not adequate.

Background.  Around 12:15 A.M. on January 26, 2013, as the defendant was driving a station wagon on Main Street in Charlestown, she “sideswiped” the parked car of Jessica Cordiero, who was seated in the driver’s seat.  At the time, Cordiero was speaking to her friend, whom she was dropping off at the friend’s residence.+/1+/  After the crash, Cordiero could not exit her car from the driver’s side because of the damage.  She had to move across her car’s interior and exit from the passenger side.

The defendant’s station wagon stopped on the sidewalk.  Cordiero began walking toward the defendant’s car.  The defendant and a passenger both exited the station wagon.  The defendant’s sister, who had been following the defendant in a third car, also pulled over.  Strangely, the sister then entered the defendant’s station wagon and drove away, leaving the defendant and Cordiero.+/2+/  Cordiero noted the license plate number on the station wagon, and her friend called the police.

Cordiero then asked the defendant for her license and registration.  The defendant responded that she did not have those materials as they were in her station wagon that had been driven away.  The defendant, however, stated that the station wagon would return.+/3+/  The defendant at some point told Cordiero that her children were also inside the station wagon.

The defendant asked Cordiero not to call the police, stating, “I think we can take care of this between us.”  Cordiero replied that the police had already been contacted.  The defendant repeated her desire not to involve the police.  Cordiero testified that she “didn’t feel comfortable” with the suggestion due to the station wagon leaving the scene.

About fifteen minutes later, the defendant’s sister returned in the station wagon with, according to Cordiero’s testimony, the defendant’s license and registration.  The sister stated that the parties “could take care of this between us and that we shouldn’t involve the police.”  Cordiero refused the defendant’s attempt to provide her license and registration information, preferring to await the arrival of the police, who “would be there any minute.”  The defendant and her read more

Posted by Stephen Sandberg - June 29, 2015 at 4:31 pm

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Commonwealth v. Thompson (Lawyers Weekly No. 11-069-15)

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   14-P-191                                        Appeals Court   COMMONWEALTH  vs.  LLOYD W. THOMPSON. No. 14-P-191. Plymouth.     February 4, 2015. – June 26, 2015.   Present:  Green, Grainger, & Massing, JJ. Motor Vehicle, Operating under the influence.  Vessel, Alcoholic liquors.  Evidence, Blood alcohol test.  Constitutional Law, Blood test.  Due Process of Law, Blood alcohol test.  Consent.  Search and Seizure, Consent.  Practice, Criminal, Motion to suppress.       Indictment found and read more

Posted by Stephen Sandberg - June 27, 2015 at 12:06 am

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Adoption of Odetta (Lawyers Weekly No. 11-068-15)

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   14-P-211                                        Appeals Court   ADOPTION OF ODETTA.[1] No.  14-P-211. Bristol.     April 9, 2015. – June 26, 2015.     Present:  Grainger, Rubin, & Blake, JJ. Adoption, Visitation rights. Parent and Child, Adoption. Minor, Adoption, Visitation rights.       Petition filed in the Bristol County Division of the Juvenile Court Department on March 30, 2009.   The case was heard by Robert F. Murray, J.     Afton M. Templin (Belle Soloway with her) for the father. read more

Posted by Stephen Sandberg - June 26, 2015 at 8:32 pm

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Commonwealth v. Libby (Lawyers Weekly No. 10-104-15)

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-11749   COMMONWEALTH  vs.  JEREMY LIBBY.       Suffolk.     February 4, 2015. – June 26, 2015. Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.     Constitutional Law, Admissions and confessions, Waiver of constitutional rights.  Practice, Criminal, Motion to suppress, Admissions and confessions, Voluntariness of statement, Waiver.  Waiver.  Evidence, Admissions and confessions, Voluntariness of statement.       Indictments found and returned in the Superior Court Department on July 31, read more

Posted by Stephen Sandberg - June 26, 2015 at 4:58 pm

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