South End Accident Sends Police Officer, Motorist, to Hospital
Two people were injured in a car accident between a police cruiser and another vehicle in the South End on Tuesday night. South End Patch News
South End’s Animal Rescue League Still Needs Homes for 400 Pets
The Animal Rescue League of Boston adopted out 800 pets this summer, but is still 400 short of its summertime goal. South End Patch News
What’s the Going Rate for Babysitting?
If you need someone to watch the kids after school or just want a grown-ups-only night on the town, babysitters are a necessity — but how much will one cost you? South End Patch News
Categories: Arrests Tags: Babysitting, Going, Rate, What's
Last Live Jazz Concert Tuesday Night at South End Library
Catch a performance by the former lead guitarist of The Temptations, Marvin Gayne and Aretha Franklin. South End Patch News
Famous Singer/Songwriter Moves In to the South End
Singer/songwriter Bonnie Hayes, famous for her work with Bonnie Raitt, Cher and others, has moved to Boston to lead songwriting at Berklee College of Music this fall. South End Patch News
Categories: Arrests Tags: Famous, Moves, Singer/Songwriter, South
Commonwealth v. Galvin (Lawyers Weekly No. 10-159-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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‑11369 COMMONWEALTH vs. THOMAS GALVIN. Suffolk. May 7, 2013. ‑ August 23, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Sentence. Statute, Amendment, Retroactive application. Civil action commenced in the Supreme Judicial Court for the county of Suffolk on September 21, 2012. The case was reported by Gants, J. David E. Clayton, Assistant District Attorney, for the Commonwealth. David S. Levinson for the defendant. Alex G. Philipson, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief. CORDY, J. In this case, we consider whether the mandatory minimum sentence required under G. L. c. 94C, § 32A (d) (§ 32A [d]), which was reduced effective August 2, 2012, by St. 2012, c. 192, §§ 14 and 48 (Crime Bill), applies to a defendant who committed an offense prior to the effective date of the reduction, but whose conviction and sentencing did not occur until after that effective date. We conclude that to interpret the statute amending the mandatory minimum sentence in § 32A (d) not to apply to the defendant would be inconsistent with the manifest intent of the Legislature that the benefits of the sentence reductions in the Crime Bill broadly apply to all those serving or subject to serving such sentences.[1] 1. Background. On June 3, 2011, the defendant sold cocaine to an undercover Framingham police officer. On October 18, 2011, he was indicted for distributing cocaine in violation of G. L. c. 94C, § 32A (c), and for being a second or subsequent offender in violation of § 32A (d).[2] He faced a mandatory minimum prison term of five years as a subsequent offender under the enhanced penalty provisions of § 32A (d). On August 2, 2012, before the defendant’s trial had commenced, the Legislature enacted the Crime Bill.[3] Section 14 of the Crime Bill amended the enhanced penalty provision of § 32A (d) by reducing the mandatory minimum sentence from five years to three and one-half years. Additionally, § 48 of the Crime Bill provided that those persons already serving a mandatory minimum sentence under the prior iteration of § 32A (d) would be eligible for parole, probation, work release, and deductions in sentence for good conduct under the more generous provisions of the amendments thereby enacted.[4],[5] Twenty days later, on August 22, 2012, the defendant […]
South End Sidewalk Sale This Weekend
Shop at your favorite local South End businesses outside on Friday, Saturday and Sunday this week. South End Patch News
Kelley, et al. v. Cambridge Historical Commission, et al. (Lawyers Weekly No. 11-105-13)
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 12‑P‑1309 Appeals Court JACQUELINE KELLEY & others[1] vs. CAMBRIDGE HISTORICAL COMMISSION & others.[2] No. 12‑P‑1309. Middlesex. May 2, 2013. ‑ August 21, 2013. Present: Milkey, Carhart, & Sullivan, JJ. Historic Preservation. Massachusetts Historical Commission. Real Property, Restrictions. Practice, Civil, Motion to dismiss, Complaint, Standing. Administrative Law, Judicial review, Standing. Contract, Third party beneficiary. Civil action commenced in the Superior Court Department on June 13, 2011. Motions to dismiss were heard by Bruce R. Henry, J. Elaine M. Callahan for David Vogel, Peter Fifield, & James J. Carr, Jr. David T. DeCelles for Jacqueline Kelley. Timothy J. Roskelley for Oak Tree Development, LLC & Episcopal Diocese of Massachusetts. Arthur J. Goldberg, Deputy City Solicitor, for Cambridge Historical Commission. Annapurna Balakrishna, Assistant Attorney General, for Massachusetts Historical Commission. MILKEY, J. The St. James Episcopal church sits at the intersection of Massachusetts Avenue and Beech Street in North Cambridge. Built in 1888, the church was designed by noted New York architect Henry M. Congdon in a style that has come to be known as “Romanesque revival.” Since 1983, the church has been listed on the National Register of Historic Places, and all parties to this litigation recognize that it has significant historic value. Also at the site are a parish hall that predates the church by four years, and a small park known as “Knights garden” that was designed in 1915 by noted landscape architect John Nolen. The church property is owned by the St. James Parish (parish), which is part of the Episcopal Diocese of Massachusetts. In conjunction with a private developer, the parish has proposed a four-story, mixed-use development at the church site and on an adjacent parcel that the developer owns. Under the proposal, the church itself would remain but the parish hall and Knights garden — at least in the garden’s current form — would not. The plaintiffs are four nearby residents who allege that various historic preservation laws prevent the project from going forward as proposed. Ruling that their amended complaint failed as a matter of law, a Superior Court judge allowed the defendants’ motions to dismiss. We affirm the judgment, albeit on somewhat different grounds than those stated by the judge below. Background. The 1987 Massachusetts Historical Commission preservation restriction. In 1987, the parish granted defendant […]
Categories: News Tags: 1110513, Cambridge, Commission, Historical, Kelley, Lawyers, Weekly