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.
SJC Opinions
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.
Gianareles v. Zegarowski (Lawyers Weekly No. 10-052-14)
Mother challenges guardianship decree without counsel; SJC affirms denial of extraordinary relief, finding adequate alternative remedy through rule 60(b) appeal.
Commonwealth v. Muniur M., a juvenile (Lawyers Weekly No. 10-051-14)
Juvenile's motion to vacate admission to sufficient facts based on alleged parental coercion required evidentiary hearing rather than decision on affidavits alone.
Zullo v. Culik Law P.C., et al. (Lawyers Weekly No. 10-050-14)
Small claims litigants waive appellate rights and cannot use superintendence jurisdiction to avoid the small claims procedure's limitations on appeal.
Commonwealth v. Pike (Lawyers Weekly No. 10-049-14)
Insufficient evidence to prove sex offender failed to notify registry board of address change; defendant merely staying with friend.
Commonwealth v. Dalton (Lawyers Weekly No. 10-048-14)
Judges lack discretion to relieve sex offenders convicted of crimes involving children from registration requirements; "may not" language is mandatory.
Commonwealth v. Spray (Lawyers Weekly No. 10-043-14)
Murder conviction affirmed where defendant failed to show ineffective assistance of counsel for not investigating mental health defense based on methamphetamine-induced psychosis.
Commonwealth v. Bukin (Lawyers Weekly No. 10-047-14)
Probation revocation based on hearsay from police officers about sexual offense allegations upheld where accounts were substantially reliable and independently corroborated.