Doe, et al. v. City of Lynn (Lawyers Weekly No. 10-147-15)
City ordinance prohibiting sex offenders from living near schools or parks violated Home Rule Amendment as inconsistent with comprehensive state regulatory scheme.
SJC Opinions
Commonwealth v. Freeman, et al. (Lawyers Weekly No. 10-146-15)
Prospective application of a law expanding juvenile jurisdiction to seventeen-year-olds does not violate equal protection when the law excludes defendants whose criminal proceedings commenced before the law's effective date.
Commonwealth v. Bruneau (Lawyers Weekly No. 10-145-15)
Defendant found not guilty by reason of mental illness may appeal under G.L. c. 278, § 28. Evidence sufficient to support conviction of second-degree murder.
Doe No. 3839 v. Sex Offender Registry Board (Lawyers Weekly No. 10-144-15)
Sex offender classification made over three years before release from confinement is presumptively stale and must be reconsidered at time closer to actual community reentry.
Doe No. 7083 v. Sex Offender Registry Board (Lawyers Weekly No. 10-143-15)
Sex offender's final classification must reflect current risk at time of actual discharge, not earliest possible release date. Classification years in advance based on stale evidence violates due process.
Commonwealth v. Monroe (Lawyers Weekly No. 10-142-15)
Police threats concerning defendant's infant daughter made his custodial statements involuntary. Admission of videotaped confession at trial violated due process and was not harmless error.
Commonwealth v. Augustine (Lawyers Weekly No. 10-141-15)
Court holds defendant's cell site location information warrant required showing of probable cause under state constitution; affidavit supported probable cause in murder and arson investigation.
Commonwealth v. Douglas (Lawyers Weekly No. 10-140-15)
Officers' suspicion regarding rear seat passengers dissipated when pat frisks found no weapons. However, defendant's exit without permission and shifting vehicle into drive provided reasonable suspicion justifying protective sweep.
Commonwealth v. Jones-Pannell (Lawyers Weekly No. 10-139-15)
Police lacked reasonable suspicion to seize defendant who kept hand in pants and fled when officers approached, in area that was not high crime.
Commonwealth v. McGhee (and seven companion cases) (Lawyers Weekly No. 10-138-15)
Massachusetts sex trafficking statute upheld as constitutional; knowledge requirement provides fair notice; term "commercial sexual activity" means sexual acts involving physical contact for value.