Pfannenstiehl v. Pfannenstiehl (Lawyers Weekly No. 1-121-15)
Spendthrift trust with ascertainable distribution standard properly included in marital estate for divorce property division despite trustee manipulation of distributions.
Lawyers
Commonwealth v. Freeman, et al. (Lawyers Weekly No. 10-146-15)
Prospective application of a law expanding juvenile jurisdiction to seventeen-year-olds does not violate equal protection when the law excludes defendants whose criminal proceedings commenced before the law's effective date.
Commonwealth v. Bruneau (Lawyers Weekly No. 10-145-15)
Defendant found not guilty by reason of mental illness may appeal under G.L. c. 278, § 28. Evidence sufficient to support conviction of second-degree murder.
Commonwealth v. Aldrich (Lawyers Weekly No. 11-120-15)
Burglary and larceny convictions affirmed; attempted larceny conviction vacated as lesser included offense of larceny.
Doe No. 3839 v. Sex Offender Registry Board (Lawyers Weekly No. 10-144-15)
Sex offender classification made over three years before release from confinement is presumptively stale and must be reconsidered at time closer to actual community reentry.
Doe No. 7083 v. Sex Offender Registry Board (Lawyers Weekly No. 10-143-15)
Sex offender's final classification must reflect current risk at time of actual discharge, not earliest possible release date. Classification years in advance based on stale evidence violates due process.
Vitali v. Reit Management & Research, LLC (Lawyers Weekly No. 11-119-15)
Employer liable for unpaid overtime where employee worked during lunch breaks if employer knew or should have known of the work, even if employee failed to use prescribed timekeeping procedures.
First Bostonview Management, LLC v. Bostonview Corporation, et al. (Lawyers Weekly No. 11-118-15)
Officers of charitable corporation lacked authority to bind organization to sale of its principal real estate without specific board authorization; extraordinary transaction voided.
Commonwealth v. Monroe (Lawyers Weekly No. 10-142-15)
Police threats concerning defendant's infant daughter made his custodial statements involuntary. Admission of videotaped confession at trial violated due process and was not harmless error.
Doe No. 356011 v. Sex Offender Registry Board (Lawyers Weekly No. 11-117-15)
Sex offender classification examiner properly considered hearsay evidence from prison disciplinary records and police reports of acquitted conduct to classify Doe as level three.