Commonwealth v. Resende (Lawyers Weekly No. 10-003-17)
Acquittal of felony-murder at second trial does not invalidate armed home invasion and assault convictions from first trial; different juries need not reach consistent verdicts.
SJC Opinions
Commonwealth v. Maguire (Lawyers Weekly No. 10-002-17)
Detective testified to disgust and concern for victims, but not personal shock. No evidence actual victims noticed or reacted. Vicarious concern insufficient for lewdness conviction.
Commonwealth v. Peterson (Lawyers Weekly No. 10-001-17)
School zone statute does not apply to drug offender who was passenger in vehicle momentarily stopped by red light adjacent to public park.
Retirement Board of Stoneham v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-189-16)
Municipal retirement board cannot unilaterally terminate part-time employee's membership once granted, absent one of the statutorily specified grounds for separation from service.
Moronta v. Nationstar Mortgage, LLC, et al. (Lawyers Weekly No. 10-190-16)
Consumer must serve demand letter under Chapter 93A unless defendant lacks place of business or assets in Massachusetts. "Or" means either condition suffices.
Chambers, et al. v. RDI Logistics, Inc., et al. (Lawyers Weekly No. 10-187-16)
Federal FAAAA preemption of Massachusetts independent contractor statute partially severed; prong two preempted as applied to motor carriers; prongs one and three remain enforceable; summary judgment reversed; remanded.
Service Employees International Union, Local 509, et al. v. Auditor of the Commonwealth, et al. (Lawyers Weekly No. 10-186-16)
Affirmed the Auditor's approval of a privatization of state mental health services under the Pacheco Law, finding reasonable interpretations of procurement, delegation, wage protection, and quality requirements.
Commonwealth v. Hardin (Lawyers Weekly No. 10-185-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Matter of Greene (Lawyers Weekly No. 10-184-16)
Indefinite suspension affirmed for attorney who engaged in predatory mortgage rescue schemes, federal crimes, and fraudulent HUD-1 statements targeting vulnerable homeowners.
Commonwealth v. Martin (Lawyers Weekly No. 10-183-16)
Defendant entitled to no refund of probation fees or victim-witness assessment paid during probation when guilty plea later withdrawn due to analyst misconduct.