Commonwealth v. Cruz (Lawyers Weekly No. 11-044-18)
Insufficient evidence of indecent touching where defendant hugged child tightly and briefly lifted her shirt without exposing skin or contacting intimate body parts.
Appeals Court Opinions
Commonwealth v. Faherty (Lawyers Weekly No. 11-043-18)
Use of prior uncounseled convictions to enhance sentence upheld where no right to counsel existed because prior offenses carried no incarceration.
Commonwealth v. Rivers (Lawyers Weekly No. 11-042-18)
Out-of-court victim identification properly admitted despite victim's initial misidentification of defendant's brother. Defendant's statements suppressed due to officer's improper promise that cooperation would help avoid felony charges.
Maslow v. O’Connor (Lawyers Weekly No. 11-040-18)
Private way abutters retain right to cross filled tidelands and access remaining tidelands where Chapter 91 license conditions preserved preexisting access rights.
Commonwealth v. Anitus (Lawyers Weekly No. 11-041-18)
DNA evidence on crime scene objects alone insufficient for conviction; must establish when DNA deposited. Affirmed reversal based on insufficiency of evidence.
St. Laurent, et al. v. Middleborough Gas & Electric Department (Lawyers Weekly No. 11-039-18)
Municipal gas and electric department qualifies as public employer under Massachusetts Tort Claims Act despite separate legal status from town.
Commonwealth v. Lujan (Lawyers Weekly No. 11-038-18)
Statements suppressed where defendant questioned through untrained interpreter in non-primary language with numerous mistranslations and leading questions.
Cournoyer v. Department of State Police, et al. (Lawyers Weekly No. 11-037-18)
Former State police trooper medically retired in 2000 sought reinstatement; department required recruit training. Court held statute unambiguously grants colonel discretion to require academy training.
Butler v. Turco, et al. (and a companion case) (Lawyers Weekly No. 11-036-18)
Inmates challenged a prison incentive program that withdrew privileges for refusing treatment. Court affirmed that loss of housing seniority and jobs raised no constitutional concerns.
Commonwealth v. Moore (Lawyers Weekly No. 11-035-18)
Judge cannot dismiss adult defendant's charge prior to arraignment after clerk-magistrate finds probable cause. Motion to dismiss must be heard after arraignment at pretrial conference or trial session.