Commonwealth v. St. Hilaire (Lawyers Weekly No. 10-001-15)
Mental incapacity may vitiate consent in larceny, but the defendant must have known of the victim's incapacity, not merely should have known.
SJC Opinions
Commonwealth v. Valentin (Lawyers Weekly No. 10-192-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
L.L., a juvenile v. Commonwealth (Lawyers Weekly No. 10-191-14)
Juvenile adjudicated delinquent for indecent assault seeks relief from sex offender registration. Court provides standard for assessing risk of reoffense under statute.
Gallagher v. First Assistant Clerk-Magistrate of the Newburyport District Court, et al. (Lawyers Weekly No. 10-190-14)
Petitioner seeking superintendence review of two District Court judgments lacked standing where adequate alternative remedies existed and where small claims waiver applied.
Commonwealth v. Ortiz (Lawyers Weekly No. 10-189-14)
Murder conviction affirmed where evidence supported rejection of self-defense claim and showed premeditation despite defendant's personal background.
Commonwealth v. Liebenow (Lawyers Weekly No. 10-188-14)
Honest but mistaken belief that property was abandoned negates larceny's required specific intent, even if unreasonable. Conviction vacated; remanded for new trial.
Commonwealth v. Burgos (Lawyers Weekly No. 10-187-14)
Murder conviction reversed where police secretly recorded jailhouse conversation with informant without establishing requisite nexus to organized crime under wiretap statute.
Fernandes v. Attleboro Housing Authority (Lawyers Weekly No. 10-186-14)
Housing authority employee may sue in Superior Court under Wage Act for misclassification and retaliatory discharge, despite civil service protections; reinstatement unavailable remedy.
Commonwealth v. Reade (Lawyers Weekly No. 10-185-14)
Appeal dismissed for failure to timely file notice of appeal to SJC within seven days of single justice judgment denying petition for appointed counsel.
Commonwealth v. Thompson (Lawyers Weekly No. 10-184-14)
Drug distribution conviction upheld; school zone statute amendment does not apply retroactively to convictions entered before effective date.