Commonwealth v. Melucci (and six companion cases) (Lawyers Weekly No. 11-124-15)
District Court wrongly dismissed firearms complaints with prejudice based solely on frustration with continuances when no prejudice to defendants was shown.
Appeals Court Opinions
Commonwealth v. Davis (Lawyers Weekly No. 11-123-15)
Convictions for two counts of robbery from same victim in single episode violate double jeopardy. One indictment dismissed.
Commonwealth v. Bior (Lawyers Weekly No. 11-122-15)
Assault and battery conviction vacated due to reversible error in admitting clerk-magistrate proceedings that undermined defendant's self-defense claim, though evidence was legally sufficient.
Commonwealth v. Aldrich (Lawyers Weekly No. 11-120-15)
Burglary and larceny convictions affirmed; attempted larceny conviction vacated as lesser included offense of larceny.
Vitali v. Reit Management & Research, LLC (Lawyers Weekly No. 11-119-15)
Employer liable for unpaid overtime where employee worked during lunch breaks if employer knew or should have known of the work, even if employee failed to use prescribed timekeeping procedures.
First Bostonview Management, LLC v. Bostonview Corporation, et al. (Lawyers Weekly No. 11-118-15)
Officers of charitable corporation lacked authority to bind organization to sale of its principal real estate without specific board authorization; extraordinary transaction voided.
Doe No. 356011 v. Sex Offender Registry Board (Lawyers Weekly No. 11-117-15)
Sex offender classification examiner properly considered hearsay evidence from prison disciplinary records and police reports of acquitted conduct to classify Doe as level three.
Commonwealth v. Wright (Lawyers Weekly No. 11-116-15)
Venue for larceny by false pretense and public assistance fraud proper in Boston where department's central office processed and acted on defendant's false benefit applications.
Commonwealth v. Robertson (Lawyers Weekly No. 11-115-15)
Affirmed convictions for rape and assault of a child. Prior sexual misconduct evidence against different victim properly admitted to show pattern, despite eight-year gap between incidents.
Commonwealth v. Sousa (Lawyers Weekly No. 11-114-15)
Reversed OUI-drugs conviction where difluoroethane, inhaled from computer cleaner, was not a substance defined in the governing statute; affirmed negligent operation conviction.