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.
Affirmed conviction for human trafficking and related crimes. Defendant lured victim into sex work, controlled her activities, and later assaulted her.
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.
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.
Heart Balm Act bars tort claims based on fraudulent inducement to marry, even when styled as fraud, misrepresentation, or emotional distress claims.
Liquor license transfer appeal cannot be dismissed as moot based on separate renewal denial never properly presented at hearing.
Stop and frisk justified when executing arrest warrant for violent firearm offense; seizure of companion reasonable for officer safety.
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.
Partition commissioner waived right to appellate fees by failing to request them in appellate brief. Contempt judgment vacated in part; remanded to determine recoverable enforcement costs.
Court upheld admission of district attorney's expert psychologist report in sexually dangerous person civil commitment trial, rejecting argument that Commonwealth must rely solely on court-appointed qualified examiners.
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.