Commonwealth v. Amado (Lawyers Weekly No. 10-053-16)
Strip search of defendant's genital area during traffic stop lacked probable cause and was unreasonable; conviction reversed and suppressed.
SJC Opinions
Kitras, et al. v. Town of Aquinnah, et al. (Lawyers Weekly No. 10-052-16)
Partition of Native American common lands did not create implied easements by necessity. Tribal custom provided free passage, commissioners expressly reserved other rights in some deeds, and poor land quality suggested no access was intended.
Burbank Apartments Tenant Association, et al. v. Kargman, et al. (Lawyers Weekly No. 10-051-16)
Fair housing disparate impact claim survives motion to dismiss in principle, but fails on pleadings when owner's compliance with Section 8 regulations actually increased subsidy eligibility.
Commonwealth v. Cassino (Lawyers Weekly No. 10-050-16)
Affirmed murder conviction where DNA evidence from victim's blood on defendant's shoes was independently discoverable despite arguably unlawful initial observation at treatment facility.
Commonwealth v. Boyd (Lawyers Weekly No. 10-049-16)
Armed career criminal conviction reversed; second offender enhancement effectively dismissed by initial sentencing decision; resentencing on underlying crime affirmed.
Commonwealth v. Mercado (Lawyers Weekly No. 10-048-16)
Noncitizen defendant's motion for new trial based on ineffective assistance of counsel regarding deportation consequences of guilty plea to drug possession, remanded.
Public Employee Retirement Administration Commission v. Bettencourt (Lawyers Weekly No. 10-047-16)
Pension forfeiture upon criminal conviction constitutes a fine subject to Eighth Amendment excessive fines limits. Complete forfeiture of officer's $659,000 pension for misdemeanor computer crimes held unconstitutionally excessive.
Cooper v. Commonwealth (Lawyers Weekly No. 10-046-16)
Appeal denied where appellant failed to file new notice of appeal after receiving extension, though court expressed concern the appeal should have proceeded.
Commonwealth v. Mazariego (Lawyers Weekly No. 10-045-16)
Murder conviction affirmed; aggravated rape conviction dismissed as duplicative. Miranda statements properly obtained; interrogation techniques not coercive.
Van Liew v. Stansfield (Lawyers Weekly No. 10-044-16)
Anti-SLAPP appeals from District Court proceed directly to Appeals Court. Campaign speech criticizing elected official is protected political expression, not harassment.