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.
SJC Opinions
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.
Dorrian v. LVNV Funding, LLC (and a consolidated case) (Lawyers Weekly No. 10-053-18)
Passive debt buyer that purchases defaulted consumer debts and contracts with licensed debt collectors to pursue collection need not obtain a debt collector license.
Care and Protection of M.C. (Lawyers Weekly No. 10-054-18)
Court establishes standards for releasing confidential juvenile care and protection records in related criminal proceedings, holding the requestor bears burden of showing good cause and that such disclosure does not waive Fifth Amendment or psychotherapist privileges.
Committee for Public Counsel Services, et al. v. Attorney General of Massachusetts, et al. (Lawyers Weekly No. 10-051-18)
Court vacates drug convictions obtained using certificates signed by chemist Sonja Farak, who engaged in misconduct while employed by the state.
Boelter, et al. v. Board of Selectmen of Wayland (Lawyers Weekly No. 10-050-18)
Board of Selectmen violated open meeting law by circulating evaluations containing board members' opinions to a quorum before a public meeting.
Commonwealth v. Escobar (Lawyers Weekly No. 10-048-18)
Reversed. Phrase anything of value in identity fraud statute limited to things with market or monetary value, not avoidance of prosecution.
Spencer v. Civil Service Commission, et al. (Lawyers Weekly No. 10-046-18)
Commissioner who resigned under pressure cannot revert to prior tenured civil service position absent involuntary termination.
Miranda v. A Justice of the Superior Court Department of the Trial Court (Lawyers Weekly No. 10-047-18)
Defendant cannot intervene in another defendant's unrelated criminal case to access postconviction discovery; proper remedy lies in discovery procedures for his own case.
Commonwealth v. Grundman (Lawyers Weekly No. 10-045-18)
Sentencing judge failed to announce mandatory GPS monitoring condition at sentencing hearing. Belated imposition more than sixty days later, after defendant lost right to withdraw plea, violated defendant's rights.