Goodwin v. Lee Public Schools, et al. (Lawyers Weekly No. 10-133-16)
Student suspended based on alleged felony charge that was never issued may pursue tort damages without exhausting administrative remedies under felony-charge suspension statute.
SJC Opinions
Commonwealth v. Mayotte (Lawyers Weekly No. 10-131-16)
Defendant convicted of sexual abuse of adopted son may offer first complaint evidence under neutral doctrine. Reckless endangerment conviction vacated.
Commonwealth v. Hernandez (Lawyers Weekly No. 10-132-16)
Search warrant may issue for cellular phone held by defense counsel once it no longer serves legal advice purposes and data can be downloaded in hours.
MacLaurin, et al. v. City of Holyoke, et al. (Lawyers Weekly No. 10-130-16)
Fire chief's sprinkler orders for renovated apartment buildings vacated and remanded. Substantial rehabilitation standard requires building rendered equivalent of new construction, not merely major alteration.
Commonwealth v. Miller (Lawyers Weekly No. 10-129-16)
Murder conviction affirmed where defendant lacked standing to challenge basement search and new trial denied despite juror concerns about extraneous materials.
ENGIE Gas & LNG LLC v. Department of Public Utilities (and another case) (Lawyers Weekly No. 10-128-16)
Court invalidates Department of Public Utilities order allowing electric distribution companies to purchase natural gas pipeline capacity using ratepayer funds.
Commonwealth v. Valdez (Lawyers Weekly No. 10-127-16)
Defendant convicted in 1989 of motor vehicle larceny moved to vacate, claiming judge failed to warn of exclusion from U.S. admission risk. Supreme Judicial Court vacated conviction and remanded for new trial.
Commonwealth v. Neary-French (Lawyers Weekly No. 10-126-16)
Defendant has no right to counsel when deciding whether to submit to breathalyzer test, even after 2003 amendments created per se OUI violation based on .08 blood alcohol level.
Suffolk Construction Company, Inc. v. Benchmark Mechanical Systems, Inc., et al. (Lawyers Weekly No. 10-125-16)
Construction company seeks recovery of surplus after paying debt owed by subcontractor. Statute of limitations bars common-law claims but equitable claims for subrogation and unjust enrichment remain viable.
Commonwealth v. Brangan (Lawyers Weekly No. 10-124-16)
Mistrial order granted after jury verdict remains unappeallable when motion was brought before verdict; judge's deferral of ruling served judicial efficiency and fairness.