Commonwealth v. Hart (Lawyers Weekly No. 10-029-14)
Guilty plea to resisting arrest vacated where prosecution offered no facts establishing the statutory elements of force, threats, or substantial injury risk at plea hearing.
Weekly
Commonwealth v. Martin (Lawyers Weekly No. 10-030-14)
Defendant convicted of murder under felony-murder rule with armed robbery predicate. Court affirmed, holding statements validly obtained, sufficiency of circumstantial evidence for robbery established.
Commonwealth v. Bynoe (Lawyers Weekly No. 11-016-14)
When probation condition requires treatment program completion without specifying a deadline, probationer must comply within reasonably prompt period as established by probation officer.
Doe, Sex Offender Registry Board No. 151564 v. Sex Offender Registry Board (Lawyers Weekly No. 11-015-14)
Sex offender entitled to expert witness funds to address scientific evidence on age and recidivism; hearing examiner's unguided review of complex studies was arbitrary and capricious.
Commonwealth v. Wadlington (Lawyers Weekly No. 10-024-14)
First-degree murder conviction affirmed where jury properly convicted on three alternative theories despite instructional omissions that caused no prejudice.
Commonwealth v. Joyner (Lawyers Weekly No. 10-025-14)
Armed robbery conviction affirmed where latent fingerprint evidence from crime scene matched defendant's thumb print under ACE-V methodology, without need for statistical evidence of accuracy.
Commonwealth v. Augustine (Lawyers Weekly No. 10-026-14)
CSLI obtained from cellular service provider constitutes a search under Massachusetts Constitution requiring probable cause, not just reasonable suspicion under federal Stored Communications Act.
Care and Protection of Jamison (Lawyers Weekly No. 10-028-14)
Juvenile Court has jurisdiction over sibling visitation petition where petitioning child in state custody seeks to visit siblings under guardianship; Blixt presumption does not apply to guardians; remanded due to insufficient evidence about impact on younger siblings.
Pepin, et al. v. Division of Fisheries and Wildlife (Lawyers Weekly No. 10-027-14)
Priority habitat regulations validly implement the Endangered Species Act's take prohibition and do not require procedural protections given to significant habitat designations. Directed decision proper.
G.R. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-011-14)
Court affirmed transfer of severely disabled resident from closing facility to new facility where improved orientation and mobility services provided substantial evidence of benefit.