Nonconforming structure destroyed in 1991 and demolished that year; original owners obtained reconstruction permit but never rebuilt; property sold in 1993; new owner waited nine and a half years before seeking building permit. Abandonment as matter of law affirmed.
Armed career criminal conviction reversed; second offender enhancement effectively dismissed by initial sentencing decision; resentencing on underlying crime affirmed.
Defendant's guilty plea was knowingly voluntary despite unequal judicial procedures. Armed career criminal is sentencing enhancement, not separate offense.
Noncitizen defendant's motion for new trial based on ineffective assistance of counsel regarding deportation consequences of guilty plea to drug possession, remanded.
Pension forfeiture upon criminal conviction constitutes a fine subject to Eighth Amendment excessive fines limits. Complete forfeiture of officer's $659,000 pension for misdemeanor computer crimes held unconstitutionally excessive.
Appeal denied where appellant failed to file new notice of appeal after receiving extension, though court expressed concern the appeal should have proceeded.
Conviction for theft of operable firearm reversed where only evidence of operability was uncorroborated decade-old hearsay that salesman said gun worked.
Murder conviction affirmed; aggravated rape conviction dismissed as duplicative. Miranda statements properly obtained; interrogation techniques not coercive.
Larceny conviction affirmed where defendant deposited bad checks into new bank accounts and withdrew funds before checks cleared. Uttering conviction reversed; writing a bad check is not uttering a false instrument.
Anti-SLAPP appeals from District Court proceed directly to Appeals Court. Campaign speech criticizing elected official is protected political expression, not harassment.
