Commonwealth v. Alebord (Lawyers Weekly No. 10-021-14)
Defendant's Sixth Amendment right to public trial during jury empanelment waived where experienced trial counsel was aware of courtroom closure practice and failed to object.
Lawyers
Miles-Matthias, et al. v. Zoning Board of Appeals of Seekonk, et al. (Lawyers Weekly No. 11-010-14)
Neighbors' appeal to zoning board was untimely where they had constructive notice of the owner's driveway proposal and duty to inquire. Common driveway providing access to residential homes is permissible accessory use.
Commonwealth v. Bernard (Lawyers Weekly No. 11-009-14)
Traffic stop for tinted license plate cover unconstitutional where cover does not obscure the registration numbers or reduce legibility.
Claudio v. Commonwealth (Lawyers Weekly No. 10-018-14)
Defendant's petition for superintendence relief following normal appellate process properly denied.
Commonwealth v. Labadie (and a companion case) (Lawyers Weekly No. 10-017-14)
Embezzlement convictions vacated where victim was federal credit union not covered by state bank embezzlement statute. Larceny by embezzlement is lesser included offense; remanded for conviction and resentencing on that charge.
Commonwealth v. Garcia (Lawyers Weekly No. 11-008-14)
Reversed. Trial judge erred in discharging a deliberating juror without proper hearing and in failing to instruct remaining jurors that discharge was personal, not case-related.
Commonwealth v. Molina (Lawyers Weekly No. 10-016-14)
Conviction affirmed where defendant made statements before custodial interrogation attached and where any Miranda error was harmless beyond reasonable doubt.
Smith v. Masterlaz (Lawyers Weekly No. 10-014-14)
Harassment prevention orders vacated where defendant's single occasion of driving past plaintiff's home three times in quick succession lacked evidence of willful, malicious conduct intended to cause fear.
Seney v. Morhy (Lawyers Weekly No. 10-015-14)
Appeals from expired harassment prevention orders should be reviewed on merits when defendant has continuing interest. Insufficient evidence supported issuance of order.
School Committee of Marshfield v. Marshfield Education Association (Lawyers Weekly No. 11-007-14)
Teacher with professional status retains collective bargaining rights and procedural protections when license lapses unless formally terminated under state law.