Figgs v. Boston Housing Authority (Lawyers Weekly No. 10-141-14)
Section 8 housing subsidy termination upheld where drugs and firearm discovered in tenant's apartment during police search, despite decriminalization of small marijuana amounts.
SJC Opinions
City of Springfield v. Civil Service Commission, et al. (Lawyers Weekly No. 10-142-14)
Provisional employee with prior permanent civil service status retains right to appeal termination; off-duty tax fraud does not constitute misconduct in office under suspension statute.
Garney v. Massachusetts Teachers’ Retirement System (Lawyers Weekly No. 10-143-14)
Teacher's pension forfeiture reversed where conviction for child pornography involved no school resources, students, or use of position.
Commonwealth v. Pon (Lawyers Weekly No. 10-137-14)
Court replaces strict constitutional standard for sealing criminal records with lower common-law good cause test, emphasizing legislative intent to remove barriers to employment and housing for rehabilitated individuals.
Service Employees International Union, Local 509 v. Department of Mental Health (Lawyers Weekly No. 10-138-14)
Union has direct standing to seek declaratory relief challenging agency's assertion that privatization law does not apply to contracts, but must join private vendors as necessary parties to proceed.
Commonwealth v. Sullivan (Lawyers Weekly No. 10-139-14)
Murder conviction vacated based on newly available forensic evidence excluding defendant from purple jacket that prosecution relied upon as key physical evidence linking defendant to victim.
Commonwealth v. Wood (Lawyers Weekly No. 10-136-14)
Murder conviction affirmed where third-party culprit evidence was properly excluded, co-conspirator statements admitted under joint venture exception, and isolated prosecutorial errors were harmless.
Commonwealth v. Stewart (Lawyers Weekly No. 10-135-14)
Conviction vacated where officer lacked probable cause to arrest and opened backpack after defendant withdrew consent, making cocaine and cash inadmissible fruits of illegal search.
Commonwealth v. Richardson (Lawyers Weekly No. 10-134-14)
Defendant sentenced under two firearm sentencing enhancements must be resentenced under one. Rule of lenity applies where statutory language is ambiguous.
Zaleski v. Zaleski (Lawyers Weekly No. 10-133-14)
Rehabilitative alimony appropriate where recipient spouse has demonstrated ability to reenter workforce based on employment history and transferable skills, despite lack of specific identifiable job. Remanded for recalculation of amount using all income sources.