A.F. v. D.F. (Lawyers Weekly No. 10-064-18)
Petitioner denied superintendence review of harassment prevention order; Appeals Court is proper venue for challenging such orders.
SJC Opinions
Vilbon v. Board of Registration in Nursing (Lawyers Weekly No. 10-065-18)
Nurse's license appeal becomes moot when board reinstates license; statute limits court review to reversing or affirming suspension decision only.
Myrick v. Superior Court Department (Lawyers Weekly No. 10-066-18)
Mandamus petition properly denied where complainant had adequate remedy through direct appeal of Superior Court dismissal.
Ramirez v. Commonwealth (Lawyers Weekly No. 10-060-18)
Stun gun possession ban violates Second Amendment; legislature may regulate through licensing or restrict prohibited persons but cannot absolutely prohibit civilians.
Commonwealth v. Richardson (Lawyers Weekly No. 10-061-18)
Medical marijuana patient's cultivation conviction reversed where jury instructions failed to require proof of intentional excess over sixty-day supply limit; possession with intent to distribute conviction affirmed.
Dental Service of Massachusetts, Inc. v. Commissioner of Revenue (Lawyers Weekly No. 10-059-18)
Excise tax on dental insurance premiums applies only to coverage for individuals residing in Massachusetts, not all premiums from Massachusetts employers.
Exxon Mobil Corporation v. Attorney General (Lawyers Weekly No. 10-058-18)
Massachusetts courts have jurisdiction over Exxon's investigation into potential consumer protection violations based on the company's franchise network and marketing control in the state.
J.H. v. Commonwealth (Lawyers Weekly No. 10-055-18)
Juvenile Court judge may transfer lesser included offenses under G.L. c. 119, § 72A, but must provide defendant meaningful opportunity to be heard on discharge before transfer.
In the Matter of Strauss, Ariel J. (Lawyers Weekly No. 10-056-18)
Attorney misused client settlement funds by writing a check for his father's benefit from the client trust account, temporarily depriving the client of her money.
Commonwealth v. Walters (Lawyers Weekly No. 10-057-18)
Resentencing after vacated conviction not illegal when judge receives full credit for time served and no dead time results from restructured sentencing scheme.