Reznik v. Garaffo, et al. (Lawyers Weekly No. 10-199-13)
Interlocutory order denying intervention as of right is immediately appealable; trial court improperly refused notices of appeal.
SJC Opinions
Bank of America, N.A. v. Rosa (and three consolidated cases) (Lawyers Weekly No. 10-198-13)
Housing Court has jurisdiction to hear counterclaims challenging postforeclosure plaintiff's title and to award damages, reversing prior requirement for separate equity action.
Doe, Sex Offender Registry Board No. 205614 v. Sex Offender Registry Board (Lawyers Weekly No. 10-195-13)
Sex offender classification standards developed on male subjects cannot accurately assess female offenders' recidivism risk without considering gender as a relevant factor.
Pfeiffer v. Commonwealth (Lawyers Weekly No. 10-196-13)
Petition for extraordinary relief from denial of motion to dismiss indictment based on alleged grand jury defect was properly denied without hearing.
Madison v. Commonwealth (Lawyers Weekly No. 10-197-13)
Defendant's petition for interlocutory review of protective order limiting discovery of witness contact information denied; discovery disputes inappropriate for G.L. c. 211, § 3 review.
Olmstead v. Department of Telecommunications and Cable, et al. (Lawyers Weekly No. 10-194-13)
Appeals from Department of Telecommunications and Cable orders are governed by chapter 25, section 5, not chapter 30A. Case dismissed as moot after department provided proper notice.
Commonwealth v. Humberto H., a juvenile (Lawyers Weekly No. 10-193-13)
Court affirmed dismissal of juvenile delinquency complaint for possession of marijuana with intent to distribute where probable cause was lacking. Five plastic bags of marijuana in pocket, without scales or cash, insufficient to establish distributional intent.
Commonwealth v. Bradley (Lawyers Weekly No. 10-190-13)
Amendment narrowing school zone drug offense radius applies retroactively to pending cases, remedying overbroad prior law that disproportionately harmed urban and minority residents.
Commonwealth v. Pagan (Lawyers Weekly No. 10-191-13)
School zone statute retroactively applied to reduce protected radius from 1,000 feet to 300 feet for all pending cases.
Commonwealth v. Lee (Lawyers Weekly No. 10-192-13)
License suspension based on out-of-state OUI conviction does not satisfy G.L. c. 90, § 23, third paragraph; registry documents attesting to notice were inadmissible without testimony.