Holmes v. Holmes (Lawyers Weekly No. 10-061-14)
Temporary alimony paid pending divorce is separate from general term alimony; its duration does not count toward the statutory maximum under the Alimony Reform Act.
SJC Opinions
Retirement Board of Somerville v. Buonomo, et al. (Lawyers Weekly No. 10-062-14)
Pension forfeiture under Massachusetts law is not limited to crimes related to the office from which benefits are being paid.
Commonwealth v. Sealy (Lawyers Weekly No. 10-059-14)
Defendant convicted of rape could not obtain victim's counseling records on speculation they might support his consent defense based on alleged immigration motive to fabricate.
Commonwealth v. Sealy (Lawyers Weekly No. 10-059-14)
Defendant convicted of rape challenged exclusion of evidence of victim's prior sexual assault and denial of pretrial discovery of victim's counseling records. Court affirmed, finding defendant failed to make requisite showing of relevance.
Moe, et al. v. Sex Offender Registry Board (Lawyers Weekly No. 10-058-14)
Court invalidates retroactive application of law requiring Internet publication of level two sex offender registry information to those classified before amendment's effective date, finding violation of due process.
Town of Hanover v. New England Regional Council of Carpenters (Lawyers Weekly No. 10-057-14)
Labor union that supported taxpayer litigation against town engaged in protected petitioning activity under anti-SLAPP statute despite not being named party.
Commonwealth v. Walker (Lawyers Weekly No. 10-056-14)
Sexual dangerousness finding vacated and remanded where record unclear whether judge applied proper legal standard for evaluating likelihood of contact versus noncontact offenses.
Commonwealth v. Almeida (Lawyers Weekly No. 10-055-14)
Commitment as sexually dangerous person vacated where judge did not apply required legal standard for determining if defendant is a "menace" based on noncontact sexual offenses.
Doherty v. Planning Board of Scituate (Lawyers Weekly No. 10-053-14)
Planning board properly denied special permits for oceanfront construction by requiring applicants to prove land not subject to flooding using broad definition encompassing actual water overflow, not elevation alone.
Commonwealth v. Fay (Lawyers Weekly No. 10-054-14)
Defendant convicted of prior sexual offenses may be civilly committed as sexually dangerous person despite likelihood of only noncontact offenses if his conduct would place victims in reasonable apprehension of contact sexual offense.