Commonwealth v. Hebb (Lawyers Weekly No. 10-116-17)
Double jeopardy does not bar retrial on alternative OUI theory where jury acquitted on one theory but mistrialed on another distinct theory.
Weekly
Commonwealth v. Mora (Lawyers Weekly No. 10-115-17)
Search warrant for safe lacked probable cause where affidavit failed to connect drug dealing or other criminal activity to the safe specifically or to the defendant personally.
Commonwealth v. Sanborn (Lawyers Weekly No. 10-114-17)
Civil abuse prevention order cannot be served through warrantless motor vehicle stop absent independent constitutional justification. Statute requires reasonable service methods complying with Fourth Amendment.
Zagranski v. Commonwealth (Lawyers Weekly No. 10-112-17)
Petition for extraordinary relief denied. Single justice's denial of leave to appeal is final and unreviewable; ineffective assistance claim must proceed in trial court.
Commonwealth v. Littles (Lawyers Weekly No. 10-113-17)
Conviction for larceny by uttering bad checks affirmed despite unconstitutional jury instruction on prima facie evidence of knowledge and fraudulent intent.
Commonwealth v. Lys (Lawyers Weekly No. 11-082-17)
Defendant convicted after guilty plea without immigration consequences warning failed to prove ineffective assistance claim where no substantial defense or alternative plea bargain was available.
Adoption of Ilian (Lawyers Weekly No. 11-083-17)
Father appeals termination of parental rights based on alternative plan for child's paternal cousin. Court affirmed, finding judge properly weighed stable preadoptive placement against uncertain kinship plan.
Padmanabhan v. Board of Registration in Medicine, et al. (Lawyers Weekly No. 10-111-17)
Medical Board disciplinary proceedings; whether magistrate's recommended decision became final absent Board action within 180 days; proper standard for judicial review.
George, et al. v. National Water Main Cleaning Company, et al. (Lawyers Weekly No. 10-110-17)
Employees prevail on wage claim; treble damages awarded as liquidated damages; prejudgment interest applies to actual lost wages but not trebled portion.
Doe, Sex Offender Registry Board No. 326573 v. Sex Offender Registry Board (and a consolidated case) (Lawyers Weekly No. 10-109-17)
Sex offender registry board's failed motion to increase an offender's classification does not constitute a subsequent reclassification triggering Internet publication.