Commonwealth v. Walker (Lawyers Weekly No. 10-056-14)
Sexual dangerousness finding vacated and remanded where record unclear whether judge applied proper legal standard for evaluating likelihood of contact versus noncontact offenses.
Weekly
Commonwealth v. Almeida (Lawyers Weekly No. 10-055-14)
Commitment as sexually dangerous person vacated where judge did not apply required legal standard for determining if defendant is a "menace" based on noncontact sexual offenses.
Doherty v. Planning Board of Scituate (Lawyers Weekly No. 10-053-14)
Planning board properly denied special permits for oceanfront construction by requiring applicants to prove land not subject to flooding using broad definition encompassing actual water overflow, not elevation alone.
Commonwealth v. Fay (Lawyers Weekly No. 10-054-14)
Defendant convicted of prior sexual offenses may be civilly committed as sexually dangerous person despite likelihood of only noncontact offenses if his conduct would place victims in reasonable apprehension of contact sexual offense.
Commonwealth v. Mason (Lawyers Weekly No. 11-030-14)
Affirmed conviction for resisting arrest. Trial court properly denied peremptory challenge inquiry; evidence of challenged jurors' police connections provided race-neutral basis for strikes.
Gianareles v. Zegarowski (Lawyers Weekly No. 10-052-14)
Mother challenges guardianship decree without counsel; SJC affirms denial of extraordinary relief, finding adequate alternative remedy through rule 60(b) appeal.
Commonwealth v. Reddy (Lawyers Weekly No. 11-029-14)
Assault conviction vacated where prosecutor improperly emphasized judge's prior finding that defendant was substantially likely to abuse victim; violation of abuse prevention order conviction affirmed.
Theophilopoulos, et al. v. Board of Health of Salem, et al. (Lawyers Weekly No. 11-028-14)
Appeals Court reverses Superior Court judgment vacating Board of Health approval of waste transfer station expansion, holding it was minor rather than major modification to site assignment.
Commonwealth v. Muniur M., a juvenile (Lawyers Weekly No. 10-051-14)
Juvenile's motion to vacate admission to sufficient facts based on alleged parental coercion required evidentiary hearing rather than decision on affidavits alone.
Commonwealth v. Gray (Lawyers Weekly No. 11-027-14)
Location of assault and battery is not an essential element of the crime and therefore immaterial to its proof.