Commonwealth v. Almeida (Lawyers Weekly No. 11-046-13)
Civil commitment of sexually dangerous person upheld where menacing noncontact sexual offenses would reasonably cause victims to fear contact sexual assault.
Appeals Court Opinions
Commonwealth v. Nee (Lawyers Weekly No. 11-045-13)
Defendant convicted of affray after participating in group assault on police officer in public park. Court affirmed, holding sufficient evidence of coordinated fighting and terror to lawfully present persons.
Korn v. The Paul Revere Life Insurance Company (Lawyers Weekly No. 11-042-13)
Res judicata bars relitigation of claims that were untimely proposed amendments in prior federal litigation, even when filed in subsequent state court action.
Commonwealth v. Robinson (Lawyers Weekly No. 11-043-13)
Appeals Court affirmed convictions for resisting arrest and drug possession. Defendant failed to preserve funding-for-investigator claim, excessive-force instruction was properly refused, and container search was reasonable.
Commonwealth v. Hamilton (Lawyers Weekly No. 11-044-13)
Sufficient evidence supported constructive possession conviction where defendant was primary apartment occupant, cocaine sat openly on coffee table, and items suggested distribution.
Commonwealth v. Pettit (Lawyers Weekly No. 11-040-13)
Defendant convicted of operating vehicle without ignition interlock device. Appeals Court reversed, holding revoked license cannot simultaneously carry restrictions.
Commonwealth v. Fabian F., a juvenile (Lawyers Weekly No. 11-041-13)
Juvenile's 1988 rape conviction upheld despite claim trial counsel was ineffective for not requesting de novo jury trial available under then-existing two-tiered system.
Commonwealth v. Doyle (Lawyers Weekly No. 11-039-13)
Breaking and entering conviction affirmed; malicious destruction of property conviction reversed where damage was incidental to theft rather than motivated by malice.
O’Brien v. New England Police Benevolent Association, Local 911 (Lawyers Weekly No. 11-038-13)
Appeals Court upholds arbitration award reinstating officer terminated for off-duty incident with teenagers, applying deferential standard of review to arbitrator's factual findings.
Commonwealth v. Campbell (Lawyers Weekly No. 11-037-13)
Defendant held in custody did not voluntarily absent himself from critical suppression hearing; trial judge abused discretion finding waiver when counsel objected; deprivation harmless error analysis does not apply.