Commonwealth v. Manha (Lawyers Weekly No. 10-034-18)
Police had reasonable suspicion to stop vehicle after 911 report of road rage assault with gun. Protective sweep of passenger compartment and closed container justified by safety concerns.
SJC Opinions
Cormier, et al. v. City of Lynn, et al. (Lawyers Weekly No. 10-033-18)
School district immune from liability for negligent failure to prevent bullying and resulting serious injury to student under Section 10(j) of Massachusetts Tort Claims Act.
WorldWide TechServices, LLC v. Commissioner of Revenue, et al. (and three consolidated cases) (Lawyers Weekly No. 10-032-18)
Appellate Tax Board erred by terminating abatement proceedings after allowing a customer to intervene, then permitting the sellers to withdraw their petitions.
Commonwealth v. Jones (Lawyers Weekly No. 10-031-18)
Conviction for first-degree murder affirmed despite defendant's developmental disability. Competency finding upheld; expert opinions not conclusive. Mandatory life sentence without parole on developmentally disabled defendant does not violate Eighth Amendment.
Pinney v. Commonwealth (Lawyers Weekly No. 10-030-18)
Double jeopardy protection does not bar retrial after mistrial where evidence of murder is legally sufficient when viewed in Commonwealth's light.
Commonwealth v. Buckley (Lawyers Weekly No. 10-029-18)
Traffic stop reasonable under Article 14 when officer observed traffic violation, regardless of officer's underlying motive to investigate suspected drug activity.
Public Employee Retirement Administration Commission v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-027-18)
Supplemental sick and vacation pay received by a public employee while on workers' compensation does not qualify as regular compensation for retirement purposes.
Commonwealth v. Dabney (Lawyers Weekly No. 10-028-18)
Affirmed conviction for human trafficking and related crimes. Defendant lured victim into sex work, controlled her activities, and later assaulted her.
Commonwealth v. Ortiz (Lawyers Weekly No. 10-026-18)
Consent to search a vehicle for contraband "in the vehicle" does not authorize police to search under the hood or dismantle vehicle components without explicit clarification.
Commonwealth v. Kennedy (Lawyers Weekly No. 10-025-18)
State trooper exposed himself to woman who repeatedly said no and was forced to touch him. Mistake of fact instruction properly denied where victim gave clear, unambiguous expressions of nonconsent.