Posts tagged "Kennedy"

Commonwealth v. Kennedy (Lawyers Weekly No. 10-025-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12345   COMMONWEALTH  vs.  CHRISTOPHER J. KENNEDY.       Hampshire.     October 3, 2017. – February 9, 2018.   Present (Sitting at Greenfield):  Gants, C.J., Gaziano, Lowy, Budd, & Kafker, JJ.     Indecent Assault and Battery.  Indecent Exposure.  Assault and Battery.  Mistake.  Practice, Criminal, Instructions to jury, Jury and jurors, Voir dire, Challenge to jurors.  Jury and Jurors.  Evidence, First complaint.       Indictments found and returned in the Superior Court Department on October 15, 2014.   The cases were tried before Daniel A. Ford, J.   The Supreme Judicial Court granted an application for direct appellate review.     Merritt Schnipper for the defendant. Cynthia M. Von Flatern, Assistant District Attorney, for the Commonwealth. The following submitted briefs for amici curiae: David Rangaviz, Committee for Public Counsel Services, for Committee for Public Counsel Services. Thomas J. Carey for Kari Hong & others. Wendy J. Murphy for Women’s and Children’s Advocacy Project at New England Law|Boston.     GAZIANO, J.  A Superior Court jury convicted the defendant of indecent assault and battery on a person over fourteen, G. L. c. 265, § 13 H, assault and battery, G. L. c. 265, § 13 A (a), and indecent exposure, G. L. c. 272, § 53.  The charges stemmed from an encounter between the victim, M.M., and the defendant, a State trooper, who met on a dating Web site and exchanged flirtatious messages.  They arranged to meet in person for coffee, and M.M. agreed to the defendant’s suggestion that they finish their conversation at her apartment.  Once inside, the defendant exposed himself to M.M.  She immediately informed the defendant that he had the wrong idea, and repeatedly told him, “No.”  Despite M.M.’s requests to stop, the defendant advanced toward her, grabbed her wrist, and forced her to touch his penis.  She told him, “No means no,” and that he had to leave.  He then apologized and left the apartment. At trial, the defendant requested a jury instruction on mistake of fact, asserting that he honestly and reasonably had believed that M.M. had consented to the contact leading to the charges, and would not have been offended by his act of exposing himself.  The request was denied.  The defendant appeals from the denial and from the admission of what he asserted was unnecessary first complaint evidence.  We conclude that the trial judge did not err in declining to give an […]

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Posted by Massachusetts Legal Resources - February 10, 2018 at 3:32 am

Categories: News   Tags: , , , ,

Kennedy, et al. v. Commonwealth, et al. (Lawyers Weekly No. 11-007-18)

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   16-P-1464                                       Appeals Court   RUTH KENNEDY & others[1]  vs.  COMMONWEALTH & others.[2]     No. 16-P-1464.   Hampshire.     September 19, 2017. – January 18, 2018.   Present:  Vuono, Blake, & Singh, JJ.     School and School Committee, Regional school district, Standing to challenge validity of statute.  Contract, Regional school district, Promissory estoppel.  Constitutional Law, Standing, Home Rule Amendment, Special law.  Municipal Corporations, Home rule.  Statute, Special law.  Practice, Civil, Standing, Declaratory proceeding, Motion to dismiss.  Declaratory Relief.       Civil action commenced in the Superior Court Department on October 31, 2014.   Motions to dismiss were heard by Bertha D. Josephson, J.     James B. Lampke (Russell J. Dupere also present) for the plaintiffs. Layla G. Taylor for town of Worthington. Kerry David Strayer, Assistant Attorney General (Juliana deHaan Rice, Assistant Attorney General, also present) for the Commonwealth & another.     VUONO, J.  This appeal arises from the town of Worthington’s (Worthington’s) withdrawal from the Gateway regional school district (school district) pursuant to special legislation.  The school district was established in 1957 and consisted of seven member towns in Hampden and Hampshire Counties until May 7, 2014, when the Legislature adopted “An Act Relative to the Withdrawal of the Town of Worthington From the Gateway Regional School District.”  St. 2014, c. 97 (act).  The act enabled Worthington to withdraw from the school district without the consent of the other member towns.  The school district, the town of Huntington (Huntington), Ruth Kennedy (a resident of the member town of Russell), and Derrick Mason (a resident of the member town of Russell), brought an action in Superior Court against Worthington, the Commonwealth, the Department of Elementary and Secondary Education (department), and the town of Russell, challenging the act.  The defendants filed motions to dismiss pursuant to Mass.R.Civ.P. 12(b)(1) & (6), 365 Mass. 754 (1974), which a judge allowed.  Primarily for the reasons set forth in the judge’s well-reasoned memorandum of decision, we affirm. Background.  Between 1957 and 1968, the towns of Russell, Worthington, Huntington, Middlefield, Montgomery, Chester, and Blandford entered into an agreement for the creation and the operation of the school district.  See G. L. c. 71, §§ 14-14B, 15.  Among other things, the agreement provides for the location of schools, the apportionment and payment of costs by member towns, and the employment of teachers.  The agreement also outlines the procedures through which […]

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Posted by Massachusetts Legal Resources - January 18, 2018 at 6:52 pm

Categories: News   Tags: , , , ,