Commonwealth v. Pagan (Lawyers Weekly No. 10-191-13)
School zone statute retroactively applied to reduce protected radius from 1,000 feet to 300 feet for all pending cases.
Weekly
Commonwealth v. Lee (Lawyers Weekly No. 10-192-13)
License suspension based on out-of-state OUI conviction does not satisfy G.L. c. 90, § 23, third paragraph; registry documents attesting to notice were inadmissible without testimony.
Doe, Sex Offender Registry Board No. 29481 v. Sex Offender Registry Board (Lawyers Weekly No. 11-138-13)
Sex offender classification hearing examiner's Facebook posts suggesting bias toward sex offenders required vacatur and new hearing to ensure due process.
Associated Industries of Massachusetts Mutual Insurance Company v. Hough (Lawyers Weekly No. 11-137-13)
Employee successfully defended recoupment action in Superior Court but denied attorney's fees because statute authorizes fees only for administrative proceedings.
Commonwealth v. Berrios (Lawyers Weekly No. 11-136-13)
Admission to sufficient facts waives challenge to defects in complaint. CPSL can be imposed following a continuance without a finding when statute explicitly references that disposition.
In the Matter of Burnbaum, Michael W. (Lawyers Weekly No. 10-188-13)
Attorney disbarred for federal drug conspiracy conviction involving client, following reciprocal discipline proceedings after Florida resignation.
Lourie v. Lourie (Lawyers Weekly No. 10-189-13)
Appeal from denial of extraordinary relief petition challenging Probate and Family Court orders. Affirmed where petitioner failed to demonstrate unavailability of other remedies or exceptional circumstances.
Commonwealth v. Cartagena (Lawyers Weekly No. 10-187-13)
Plea withdrawal motion remanded where trial judge's vague recollection of inadequate colloquy practice was insufficient to rebut presumption of regularity without specific factual findings.
Commonwealth v. Quint Q., a juvenile (Lawyers Weekly No. 11-135-13)
Juvenile's mother present during police interrogation satisfied the interested adult requirement and did not coerce confession. Trial judge erred ruling on unraised grounds.
Commonwealth v. Canty (Lawyers Weekly No. 10-186-13)
Police officer may testify to defendant's apparent intoxication but not to impairment of driving ability. Indictment valid despite omitting element if it provides fair notice of crime charged.