Commonwealth v. Aldrich (Lawyers Weekly No. 11-120-15)
Burglary and larceny convictions affirmed; attempted larceny conviction vacated as lesser included offense of larceny.
Appeals Court Opinions
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.
Commonwealth v. Curry (Lawyers Weekly No. 11-113-15)
Drug convictions affirmed where retesting by independent chemist after Dookhan's misconduct provided reliable evidence; no presumption of misconduct applies at trial.
Commonwealth v. Ramos (Lawyers Weekly No. 11-112-15)
Officer properly relied on RMV database showing vehicle stolen to make traffic stop; government records have sufficient reliability without applying informant credibility test.
Finnegan, et al. v. Baker, et al. (Lawyers Weekly No. 11-111-15)
Shareholders challenged stock issued through convertible loan conversions. Court affirmed trial judgment upholding transactions despite informal corporate procedures, finding implied board ratification through conduct and knowledge.