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.
Category SJC Opinions
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.
Casseus, et al. v. Eastern Bus Company, Inc., et al. (Lawyers Weekly No. 10-024-18)
Bus drivers for a charter service company licensed under Massachusetts' common carrier statute are exempt from overtime requirements as employees of a licensed and regulated employer, regardless of time spent on school transportation.
Millis Public Schools v. M.P., et al. (Lawyers Weekly No. 10-023-18)
Reversed and remanded. Child with physical and mental disabilities who missed school did not willfully fail to attend, as her absences arose from medical conditions rather than delinquent behavior.
Commonwealth v. Newton N., a juvenile (Lawyers Weekly No. 10-019-18)
Juvenile Court judge may not dismiss complaint before arraignment based on defendant's mental impairment or age affecting capacity for intent; prosecutor retains discretion on whether to proceed.
Commonwealth v. Orbin O., a juvenile (Lawyers Weekly No. 10-020-18)
Juvenile delinquency complaint issued by civilian after show cause hearing; judge may dismiss if prosecutor has not affirmatively moved for arraignment by considering clerk-magistrate's discretion and child's best interests.
Tavares v. Commonwealth (Lawyers Weekly No. 10-021-18)
Murder defendant's petition for relief from denial of postconviction discovery affirmed where defendant has adequate alternative remedy through pending appellate review.
Commonwealth v. Gomes (Lawyers Weekly No. 10-022-18)
Affirmed: trial counsel's tactical decision not to present expert testimony supporting an alternative eyewitness identification instruction was not manifestly unreasonable.
Commonwealth v. Fernandes (Lawyers Weekly No. 10-018-18)
Murder conviction affirmed where circumstantial evidence, statements, vehicle rental, and presence in shooting vehicle established joint venture liability. Sixth Amendment public trial right not violated by approved attendees list under extraordinary gang-related security circumstances.