Commonwealth v. Davis (Lawyers Weekly No. 11-123-15)
Convictions for two counts of robbery from same victim in single episode violate double jeopardy. One indictment dismissed.
Weekly
Commonwealth v. Bior (Lawyers Weekly No. 11-122-15)
Assault and battery conviction vacated due to reversible error in admitting clerk-magistrate proceedings that undermined defendant's self-defense claim, though evidence was legally sufficient.
Doe, et al. v. City of Lynn (Lawyers Weekly No. 10-147-15)
City ordinance prohibiting sex offenders from living near schools or parks violated Home Rule Amendment as inconsistent with comprehensive state regulatory scheme.
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.
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.