Clay v. Massachusetts Parole Board (Lawyers Weekly No. 10-123-16)
Retroactive application of parole supermajority requirement violated Ex Post Facto Clause as applied to juvenile lifer who received sufficient votes under earlier law.
Weekly
Marchand v. Department of Correction, et al. (Lawyers Weekly No. 10-121-16)
Assault pay for state employees injured by patients or prisoners ceases upon separation from employment, even if workers' compensation continues.
Gassman v. Reason (Lawyers Weekly No. 11-098-16)
Neighbors in public housing. Harassment prevention order extended. Court vacated extension, finding insufficient evidence defendant acted with intent to cause fear.
Commonwealth v. Olivier (Lawyers Weekly No. 11-097-16)
Indictment for rape by force charged subsequent offense; defendant convicted of lesser included statutory rape offense. Court held indictment put defendant on notice of potential subsequent offense enhancement for lesser offense.
Commonwealth v. Flores Lopez (Lawyers Weekly No. 10-120-16)
Defendant indicted for cocaine trafficking and school-zone drug crimes sought interlocutory appeal after judge denied suppress motion. Single justice denied leave to appeal; defendant appealed that denial. Appeal dismissed; no right to full-court review of single-justice denials.
Commonwealth v. Ruffin (Lawyers Weekly No. 10-118-16)
Defendant's guilty pleas not invalidated where Annie Dookhan tested substances after plea accepted, since misconduct postdating pleas cannot retroactively induce them.
Felton v. Commonwealth (Lawyers Weekly No. 10-119-16)
Petition to stay reinstated sentences pending U.S. Supreme Court certiorari petition denied; Appeals Court, not Supreme Judicial Court, has jurisdiction.
Schubert v. Committee for Public Counsel Services (Lawyers Weekly No. 10-117-16)
Attorney's superintendence petition regarding fee dispute dismissals denied where direct appeal and interlocutory review provided adequate alternative remedies.
Commonwealth v. Henry (Lawyers Weekly No. 10-116-16)
Restitution must account for defendant's ability to pay and cannot justify extended probation. Retail theft damages measured by replacement value unless Commonwealth proves items would have sold.
Adoption of Anisha (Lawyers Weekly No. 11-096-16)
Juvenile Court properly exercised jurisdiction over adoption case where mother secreted newborn out of state; termination of parental rights affirmed based on unfitness.