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.
SJC Opinions
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.
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.