Massachusetts Supreme Judicial Court Decisions 2011

Kevin FENNICK vs. Joseph KITTREDGE
Date: December 30, 2011
Docket Number: SJC-11065
Alliance to Protect Nantucket Sound, Inc. v. Dept. of Public Utilities & others (No. 1)  
Date: December 28, 2011
Docket Number: SJC-10934

Justia Opinion Summary: This matter came before the court on a reservation and report by a single justice of the court of a decision and final order of the department approving a power purchase agreement (PPA) that National Grid entered into wi...

Alliance to Protect Nantucket Sound, Inc. v. Dept. of Public Utilities & others (No. 2)  
Date: December 28, 2011
Docket Number: SJC-11000

Justia Opinion Summary: The court addressed a procedural question that related to Alliance to Protect Nantucket Sound, Inc. v. Dept. of Public Utilities & others (No. 1). At issue was whether the department committed error in denying the third...

Doe v. Superintendent of Schools of Weston  
Date: December 21, 2011
Docket Number: SJC-10981

Justia Opinion Summary: Plaintiff challenged his expulsion from Weston High School for allegedly possessing and distributing a "marijuana cookie" on school property. The court held that the judge abused his discretion where the record did not s...

Commonwealth v. Hoyt, Sr  
Date: December 15, 2011
Docket Number: SJC-10719

Justia Opinion Summary: Defendant appealed from his convictions of two counts of rape of a child under sixteen years of age and two counts of indecent assault and battery on a person who has attained the age of fourteen years. Defendant contend...

Commonwealth v. Munoz  
Date: December 15, 2011
Docket Number: SJC-11028

Justia Opinion Summary: Defendant appealed from his conviction for trafficking in over fourteen grams of cocaine. On appeal, defendant contended that the Commonwealth violated his right to confront the witnesses against him when it introduced e...

Jeffrey GRAND-PIERRE vs. COMMONWEALTH
Date: December 14, 2011
Docket Number: SJC-10954
The Globe Newspaper Co., Inc., petitioner  
Date: December 13, 2011
Docket Number: SJC-10798

Justia Opinion Summary: After the report and the transcript of an inquest was filed in the Superior Court, and a grand jury returned an indictment charging Amy Bishop with the murder of her brother, Globe filed a motion in the Superior Court to...

John DEMPSEY vs. CHIEF OF POLICE OF SOMERVILLE
Date: December 13, 2011
Docket Number: SJC-11029
Commonwealth v. Rodriquez  
Date: December 12, 2011
Docket Number: SJC-10828

Justia Opinion Summary: Defendant was convicted of murder in the first degree by reason of extreme atrocity or cruelty. Defendant appealed. The court concluded that the Commonwealth's evidence was sufficient to warrant a finding by the jury bey...

Chadwick v. Board of Registration in Dentistry  
Date: December 8, 2011
Docket Number: SJC-10831

Justia Opinion Summary: This was an action for judicial review of a final decision and order of the board suspending Stephen Chadwick's license to practice dentistry in Massachusetts. Because the court agreed that the United States Supreme Cour...

Commonwealth v. Aviles  
Date: December 6, 2011
Docket Number: SJC-10846

Justia Opinion Summary: Defendant was found guilty of rape of a child and indecent assault and battery on a child under the age of fourteen. On appeal, defendant challenged the admission of testimony concerning a "second complaint" made by the...

Kellogg v. Board of Registration in Medicine  
Date: December 6, 2011
Docket Number: SJC-10931

Justia Opinion Summary: Vernon S. Kellogg sought review of a memorandum and judgment of a single justice of the court affirming a decision and order of the Board of Registration in Medicine (board) that revoked Kellogg's license to practice med...

Commonwealth v. Johnson  
Date: December 2, 2011
Docket Number: SJC-10896

Justia Opinion Summary: Defendant was found guilty of unlawful possession of a firearm, unlawful possession of ammunition, unlawful possession of a loaded firearm, resisting arrest, and operating a motor vehicle with a suspended license and sub...

Commonwealth v. Buckman  
Date: November 29, 2011
Docket Number: SJC-08046

Justia Opinion Summary: Defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. On appeal, defendant argued, among other things, that the conviction must be overturned becau...

Commonwealth v. Murray  
Date: November 22, 2011
Docket Number: SJC-09798

Justia Opinion Summary: After his conviction in 2005 of murder in the first degree and carrying a firearm without a license, and while his appeal to the court was pending, defendant filed a motion for a new trial and a motion for postconviction...

Commonwealth v. Johnson, Jr.  
Date: November 22, 2011
Docket Number: SJC-10823

Justia Opinion Summary: Defendant filed an application in the county court under G.L.c. 278, section 33E for leave to appeal from the denial of his second motion for a new trial. A single justice reserved and reported the case to the full court...

Atwater v. Commissioner of Education  
Date: November 21, 2011
Docket Number: SJC-10817

Justia Opinion Summary: Plaintiff, a teacher with professional teacher status, was dismissed by the superintendent of the school district for multiple instances of conduct unbecoming a teacher. On appeal, plaintiff argued that G.L.c. 71, sectio...

In the Matter of a REQUEST FOR an INVESTIGATION OF ATTORNEYS
Date: November 21, 2011
Docket Number: SJC-10957
John FARIA, petitioner
Date: November 21, 2011
Docket Number: SJC-11001
In the Matter of Paul A. GARGANO
Date: November 21, 2011
Docket Number: SJC-11018
Commonwealth v. Limone  
Date: November 18, 2011
Docket Number: SJC-10804

Justia Opinion Summary: Defendant was indicted for operating while under the influence of intoxication liquor (OUI), operating with a license suspended for a prior OUI, and operating with a revoked license, following an encounter with an off-du...

Sarantakis v. Commonwealth  
Date: November 15, 2011
Docket Number: SJC-11037

Justia Opinion Summary: Defendant appealed from a judgment of a single justice of the court denying, without hearing, his petition for relief under G.L.c. 211, section 3. The case before the court on defendant's memorandum pursuant to S.J.C. Ru...

Garden v. Commonwealth  
Date: November 15, 2011
Docket Number: SJC-11038

Justia Opinion Summary: Petitioner appealed from a judgment of a single justice of the court denying his petition pursuant to G.L.c. 211, section 3. Petitioner moved to dismiss the indictments against him in the Superior Court, arguing that the...

Joan ELLIS, petitioner
Date: November 15, 2011
Docket Number: SJC-11042
Commonwealth v. Stewart  
Date: November 10, 2011
Docket Number: SJC-10728

Justia Opinion Summary: Defendant was convicted of murder in the first degree on theories of felony-murder, deliberate premeditation, and extreme atrocity or cruelty. Defendant was also convicted of armed robbery as the predicate felony and thr...

William STATKIEWICZ vs. Domenic ZERMANI
Date: November 9, 2011
Docket Number: SJC-10886
Fitchburg Gas and Electric Light Co. v. Dept. of Public Utilities  
Date: November 2, 2011
Docket Number: SJC-10855

Justia Opinion Summary: Fitchburg appealed from a ruling of the department requiring it to reimburse its customers over $4.6 million in gas supply costs incurred during the 2007-2008 and 2008-2009 purchasing seasons. The court concluded that th...

Connors, Jr. v. Annino  
Date: October 26, 2011
Docket Number: SJC-10813

Justia Opinion Summary: The issue raised by this appeal concerned the threshold administrative remedy or remedies available under the Zoning Act, G.L.c. 40A, to one who was aggrieved by the issuance of a building permit to another person. The c...

Commonwealth v. Ferreira  
Date: October 21, 2011
Docket Number: SJC-10902

Justia Opinion Summary: Defendant was convicted by a jury of unarmed robbery of a person sixty years of age or older and was sentenced to life in prison after the trial judge found him guilty of being a habitual offender. At issue was whether t...

Bevilacqua, III v. Rodriquez  
Date: October 18, 2011
Docket Number: SJC-10880

Justia Opinion Summary: In this case, the court must determine whether a plaintiff had standing to maintain a try title action under G.L.c. 240, section 1-5, where he was in physical possession of real property but his chain of title rested on...

Robert ALDRICH vs. COMMONWEALTH
Date: October 14, 2011
Docket Number: SJC-10824
COMMONWEALTH vs. Casimiro BARROS
Date: October 14, 2011
Docket Number: SJC-10906
Commonwealth v. Dyer  
Date: October 13, 2011
Docket Number: SJC-07460

Justia Opinion Summary: Defendant was convicted of murder in the first degree on a theory of deliberate premeditation, and also of armed assault with intent to kill. Defendant appealed from his convictions and from the denial of his motion for...

Vaccari & another, petitioners  
Date: October 13, 2011
Docket Number: SJC-10914

Justia Opinion Summary: Petitioners (the witnesses) appealed from the denial by a single justice of their petition for relief under G.L.c. 211, section 3. In their petition, the witnesses sought relief from a Superior Court order granting them...

Romiules BONILLA vs. COMMONWEALTH
Date: October 13, 2011
Docket Number: SJC-11046
Commonwealth v. Loadholt  
Date: October 11, 2011
Docket Number: SJC-10461a

Justia Opinion Summary: This case was before the court pursuant to an order entered by the United States Supreme Court granting defendant's petition for certiorari, vacating the judgment, and remanding the case to the court for further consider...

Jonathan CARVALHO vs. COMMONWEALTH
Date: October 7, 2011
Docket Number: SJC-10894
Sisson, Jr., et al. v. Lhowe, et al.  
Date: October 6, 2011
Docket Number: SJC-10809

Justia Opinion Summary: Following the death of plaintiff's wife, plaintiff amended the complaint for medical malpractice in a pending action against defendants, to include a claim for wrongful death. The wrongful death claim in the amended comp...

In the matter of Richard S. WEISS
Date: September 27, 2011
Docket Number: SJC-10962
Commonwealth v. Perez  
Date: September 23, 2011
Docket Number: SJC-10208

Justia Opinion Summary: Defendant was convicted of murder in the first degree and of intimidation of a witness. On appeal, defendant claimed that the trial judge committed reversible errors and also raised several claims of ineffective assistan...

Bulldog Investors, et al. v. Secretary of the Commonwealth  
Date: September 22, 2011
Docket Number: SJC-10756

Justia Opinion Summary: The Secretary filed an administrative complaint alleging that three hedge funds offered by Bulldog Investors violated section 301 of G.L.c. 110A by offering unregistered securities to a Massachusetts resident through a p...

Commonwealth v. Cavitt  
Date: September 21, 2011
Docket Number: SJC-10436

Justia Opinion Summary: Defendant was convicted of murder in the first degree on theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder on both charges, and of burning of a dwelling house, armed robbery while maske...

Commonwealth v. Walker  
Date: September 21, 2011
Docket Number: SJC-10470

Justia Opinion Summary: Defendant was convicted of first degree murder on theories of deliberate premeditation and extreme atrocity or cruelty, armed assault with intent to murder, and possession of an unlicensed firearm. On appeal, defendant a...

Police Dept. of Salem v. Sullivan  
Date: September 21, 2011
Docket Number: SJC-10790

Justia Opinion Summary: Ralph C. Sullivan was stopped and issued a citation assessing a one hundred dollar penalty for a moving violation, failure to stay within a marked lane, in violation of G.L.c. 89, section 4A. On appeal, defendant claimed...

KEVIN FENNICK vs. JOSEPH KITTREDGE & another.
Date: September 21, 2011
Docket Number: SJC-10890
Culley, et al. v. Cato, et al.  
Date: September 21, 2011
Docket Number: SJC-10913

Justia Opinion Summary: This case arose when plaintiffs commenced an action in the Superior Court, alleging fraud, violation of G.L.c. 93A, and other claims arising from their purchase of a house which, they alleged, contained numerous undisclo...

Commonwealth v. Suave  
Date: September 16, 2011
Docket Number: SJC-10851

Justia Opinion Summary: After a jury-waived trial on the Commonwealth's petition for commitment under G.L.c. 123A, sections 12-16, a judge in the Superior Court concluded that as applied to defendant, whose victims both historically and predict...

Commonwealth v. Nelson  
Date: September 15, 2011
Docket Number: SJC-10811

Justia Opinion Summary: Defendant appealed his conviction of possession of a class C substance, clonazepam, and a class E substance, trazodone; possession with intent to distribute a class D substance, marijuana; and a drug violation near a sch...

Commonwealth v. Tran (and 13 companion cases)  
Date: September 14, 2011
Docket Number: SJC-10425

Justia Opinion Summary: In the early morning hours of January 12, 1991, six men were shot execution-style in the basement of an illegal gambling parlor in the Chinatown section of Boston. After the shootings, arrest warrants were issued for the...

Federal National Mortgage Assoc. v. Nunez  
Date: September 6, 2011
Docket Number: SJC-10881

Justia Opinion Summary: This case stemmed from the enactment of St. 2010, c. 258, on August 7, 2010, which prohibited institutional lenders and certain financial institutions who owned foreclosed properties from evicting residential tenants wit...

Plaintiff v. Defendant  
Date: September 6, 2011
Docket Number: SJC-10883

Justia Opinion Summary: Defendant, who was under fourteen-years-old at the time of the alleged offense, was subsequently indicted when defendant was twenty-three-years-old on six charges of rape of a child with force and two charges of indecent...

Casavant & another v. Norwegian Cruise Line Ltd.  
Date: September 1, 2011
Docket Number: SJC-10717

Justia Opinion Summary: Plaintiffs brought an action against defendant, seeking a refund of two cruise tickets they purchased and cancelled, and damages under G.L.c. 93A for unfair and deceptive trade practices. The court concluded that the evi...

Fathers and Families, Inc. & others v. Chief Justice for Admin. and Mgmt. of the Trial Court & others  
Date: September 1, 2011
Docket Number: SJC-10786

Justia Opinion Summary: This case involved a challenge to the constitutionality of the new Massachusetts Child Support Guidelines. Plaintiffs, parents who claim that they will be subject to higher child support orders as a consequence of the ne...

Rosnov v. Molloy  
Date: August 31, 2011
Docket Number: SJC-10762

Justia Opinion Summary: This case arose when plaintiff filed a complaint against her former employer, claiming that his failure to pay her a referral fee was a breach of contract and violated the Wage Act, G.L.c. 149, sections 148, 150. At issu...

Awuah & others v. Coverall North America, Inc.  
Date: August 31, 2011
Docket Number: SJC-10829

Justia Opinion Summary: A United States District Court judge for the District of Massachusetts ruled in this case that defendant misclassified as independent contractors those plaintiffs who were Massachusetts residents. The judge certified to...

Commonwealth v. Sanford  
Date: August 23, 2011
Docket Number: SJC-10777

Justia Opinion Summary: Defendant was arrested following the recovery of a weapon in the glove box of a motor vehicle after it was searched by police. Defendant subsequently sought sanctions from the Commonwealth's violation of discovery orders...

Commonwealth v. Toolan  
Date: August 23, 2011
Docket Number: SJC-10227

Justia Opinion Summary: Defendant was found guilty by a jury of murder in the first degree of Elizabeth Lochtefeld based on the theories of deliberate premeditation and extreme atrocity or cruelty. Defendant appealed from his convictions and th...

Commonwealth v. DiPadova  
Date: August 22, 2011
Docket Number: SJC-10743

Justia Opinion Summary: Defendant was convicted of murder in the first degree in the death of his former landlady on theories of deliberate premeditation and extreme atrocity or cruelty. On his direct appeal, defendant asserted that an error in...

Commonwealth v. Whitaker  
Date: August 19, 2011
Docket Number: SJC-10228

Justia Opinion Summary: Defendant was convicted of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty. On appeal, defendant contended that the judge erred in denying his motion for a required...

In The Matter of William J. PUDLO
Date: August 19, 2011
Docket Number: SJC-10707
Commonwealth v. Smith  
Date: August 12, 2011
Docket Number: SJC-10814

Justia Opinion Summary: Defendant was convicted of armed robbery, possession of a firearm without a license, as a subsequent offender, and as an armed career criminal, and various other firearm offenses. Defendant raised several issues on appea...

COMMONWEALTH vs. Brandon GEORGE
Date: August 11, 2011
Docket Number: SJC-10948
Metropolitan Property and Casualty Ins. Co. v. Morrison, Jr.  
Date: August 11, 2011
Docket Number: SJC-10858

Justia Opinion Summary: This case arose when Robert Morrison, Jr. pleaded guilty to, among other things, four counts of assault and battery on a public employee (the arresting police officer) and the officer consequently brought a civil suit ag...

Ten Persons of the Commonwealth & another v. Fellsway Development LLC & others  
Date: August 11, 2011
Docket Number: SJC-10810

Justia Opinion Summary: This case stemmed from the proposed redevelopement of private property within the Middlesex Fells Reservation. Plaintiffs commenced an action against Fellsway Development LLC; Langwood Commons LLC; the Secretary of the E...

Vere LEWIS vs. COMMONWEALTH
Date: August 10, 2011
Docket Number: SJC-10998
John Doe, Sex Offender Registry Board No. 941 vs. Sex Offender Registry Board  
Date: August 5, 2011
Docket Number: SJC-10803

Justia Opinion Summary: This case arose when defendant, a sex offender, was notified by the Sex Offender Registry Board (Board) on July 3, 2008, that he had been recommended for reclassification as a level three sex offender where defendant had...

John Doe vs. Police Commissioner of Boston & others  
Date: August 5, 2011
Docket Number: SJC-10916

Justia Opinion Summary: Plaintiff was a level three sex offender with Asperger's disorder currently residing in a rest home. At issue was whether G.L.c. 178K(2)(e), which prohibited level three sex offenders to move to a rest home or other regu...

Bank of New York v. Bailey  
Date: August 4, 2011
Docket Number: SJC-10801

Justia Opinion Summary: This case arose when plaintiff, Bank of New York (BNY), asserted that it acquired title to the home of defendant pursuant to foreclosure proceedings. At issue was whether the Housing Court had jurisdiction to decide the...

Commonwealth v. Smith  
Date: August 3, 2011
Docket Number: SJC-10827

Justia Opinion Summary: Defendant was convicted of murder in the first degree on the theory of extreme atrocity or cruelty. At issue was whether defendant's motion for new trial was properly granted where defendant challenged the instruction on...

Commonwealth v. Stokes  
Date: August 1, 2011
Docket Number: SJC-10681

Justia Opinion Summary: Defendant was convicted of felony-murder in the first degree based on the predicate felony of attempted armed robbery, and related crimes. At issue was whether the jury should have been instructed that an alternative und...

Commonwealth v. Bell  
Date: August 1, 2011
Docket Number: SJC-10394

Justia Opinion Summary: Defendant was convicted of murder in the first degree on a theory of felony-murder, armed home invasion, arson, and two charges of violation of an abuse prevention order. Defendant appealed both from his convictions and...

Commonwealth v. Beatrice  
Date: July 29, 2011
Docket Number: SJC-10657

Justia Opinion Summary: Defendant was convicted of assault and battery of his girlfriend (victim). On appeal, defendant contended that the admission into evidence of a tape of the 911 telephone call the victim made violated his right to confron...

Commonwealth v. Morgan  
Date: July 29, 2011
Docket Number: SJC-10630

Justia Opinion Summary: Defendant was convicted of murder in the first degree on the theory of felony-murder with armed assault with the intent to rob as the predicate felony. Defendant was also convicted of armed assault in a dwelling, unlawfu...

PCG Trading, LLC v. Seyfarth Shaw, LLP, et al.  
Date: July 29, 2011
Docket Number: SJC-10807

Justia Opinion Summary: PCG Trading filed a complaint for legal malpractice and related claims against Seyfarth Shaw and four individual attorneys associated or formerly associated with the firm. At issue was whether a motion filed by PCG Tradi...

Commonwealth v. Melendez-Diaz  
Date: July 26, 2011
Docket Number: SJC-10857

Justia Opinion Summary: In Melendez-Diaz v. Massachusetts, the Supreme Court concluded that a certificate of chemical analysis, sworn to by a state laboratory analyst and reporting the weight and chemical makeup of a seized substance, came with...

Commonwealth v. Boria  
Date: July 26, 2011
Docket Number: SJC-10833

Justia Opinion Summary: Defendant was convicted of distributing cocaine, second offense, in violation of G.L.c. 94C, section 32A(d), and sentenced to a five-year mandatory term of imprisonment. At issue was whether appellate counsel was ineffec...

Clyde WILLIAMS vs. COMMONWEALTH
Date: July 25, 2011
Docket Number: SJC-10938
Golchin v. Liberty Mutual Ins. Co.  
Date: July 25, 2011
Docket Number: SJC-10794

Justia Opinion Summary: Plaintiff filed suit against Liberty Mutual, both personally and on behalf of a putative class of similarly situated individuals, alleging that the company's failure to disburse "medical payments" coverage (MedPay) benef...

Commonwealth v. Tremblay  
Date: July 20, 2011
Docket Number: SJC-10845

Justia Opinion Summary: Defendant was convicted of malicious burning of personal property, damage to property for the purpose of intimidation, and a civil rights violation where the convictions stemmed from defendant setting his homosexual neig...

Commonwealth v. Rosario  
Date: July 19, 2011
Docket Number: SJC-08618

Justia Opinion Summary: Defendant was convicted of murder in the first degree and was sentenced to a life term in State prison. On appeal, defendant contended that the judge erred by failing effectively to instruct the jury that only an intent...

Commonwealth v. Shea  
Date: July 19, 2011
Docket Number: SJC-10631

Justia Opinion Summary: Defendant was convicted of murder in the first degree on a theory of deliberate premeditation, the use of a firearm in the commission of a felony, and the unlawful possession of a firearm. On appeal, defendant argued tha...

In the Matter of James F. SCOLA
Date: July 15, 2011
Docket Number: SJC-10812
Gillespie, et al. v. City of Northhampton  
Date: July 14, 2011
Docket Number: SJC-10791

Justia Opinion Summary: This case was brought pursuant to G.L.c. 30A, section 14, and G.L.c. 231A, where the court was asked to decide whether the the imposition of $275 in filing fees to obtain judicial review of a final decision of a municipa...

Commonwealth v. Rivera, Jr.  
Date: July 12, 2011
Docket Number: SJC-10802

Justia Opinion Summary: Defendant was convicted of attempted kidnapping of an eleven-year-old boy when he drove up to the boy, who was walking along the street, and told him to get in his car. At issue was whether the trial judge erred in denyi...

Commonwealth v. Santos  
Date: July 12, 2011
Docket Number: SJC-10780

Justia Opinion Summary: This case stemmed from an encounter between police and several residents, and their guests, in front of a home, which erupted into an altercation and the subsequent arrest of four men on a number of charges. Defendant an...

Commonwealth v. Wallace  
Date: July 6, 2011
Docket Number: SJC-09925

Justia Opinion Summary: Defendant was convicted of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty and carrying a firearm without a license. Defendant appealed from his convictions and from...

Maxwell v. AIG Domestic Claims, Inc.  
Date: June 30, 2011
Docket Number: SJC-10757

Justia Opinion Summary: Plaintiff, a workers' compensation claimant, brought suit against defendant regarding the company's conduct in referring his claim to the insurance fraud bureau (IFB), communicating with fraud investigators and prosecuto...

Aurelio PINERO, Jr. vs. COMMONWEALTH
Date: June 23, 2011
Docket Number: SJC-10955
Keith LUKE vs. COMMONWEALTH
Date: June 23, 2011
Docket Number: SJC-10964
CARE AND PROTECTION OF HELENA
Date: June 21, 2011
Docket Number: SJC-10789
Commonwealth v. King  
Date: June 21, 2011
Docket Number: SJC-10808

Justia Opinion Summary: Defendant was convicted of assault and battery of the victim when he punched him at a bowling alley. At issue was whether the trial judge erred in instructing the jury on self-defense where he instructed the jury solely...

Adoption of Daisy  
Date: June 20, 2011
Docket Number: SJC-10889

Justia Opinion Summary: Mother appealed the Juvenile Court's determination that her daughter was in need of care and protection and dispensed with the need for the child's parents' consent to adoption, guardianship, custody, or other dispositio...

Commonwealth v. Lee  
Date: June 17, 2011
Docket Number: SJC-10750

Justia Opinion Summary: Defendant was charged with several offenses based on events that transpired after defendant and a companion pushed their way into an apartment where a dinner party was in progress. At issue was whether there was sufficie...

Commonwealth v. Clarke  
Date: June 17, 2011
Docket Number: SJC-10888

Justia Opinion Summary: Defendant appealed the denial of his second motion for a new trial in which he sought to vacate guilty pleas he entered in 2005, on the ground that he was deprived of his right of effective assistance of counsel, as that...

Richard S. Higgen's Case  
Date: June 17, 2011
Docket Number: SJC-10764

Justia Opinion Summary: Richard S. Higgins filed a workers' compensation claim with the Department of Industrial Accidents ("department") after he injured his back while working for the school department of Maynard. At issue was whether employe...

Connolly v. Director of the Division of Unemployment Assistance, et al.  
Date: June 16, 2011
Docket Number: SJC-10821

Justia Opinion Summary: This action arose when claimant, a former customer service representative for Verizon New England, Inc. ("Verizon"), was denied unemployment benefits. At issue was whether the board of review of the division of unemploye...

Commonwealth v. Lao  
Date: June 13, 2011
Docket Number: SJC-10700

Justia Opinion Summary: Defendant appealed from his conviction of the deliberately premeditated murder of his estranged wife in May 2000. Defendant asserted several issues of error on appeal. The court held that the the trial court did not err...

Commonwealth v. Parenteau  
Date: June 10, 2011
Docket Number: SJC-10763

Justia Opinion Summary: Defendant was convicted of operating a vehicle after his license had been revoked for operating while under the influence of intoxicating liquor. At issue was whether the district court erred by admitting into evidence a...

Commonwealth v. Molina  
Date: June 1, 2011
Docket Number: SJC-10759

Justia Opinion Summary: Defendant appealed convictions related to several drug offenses. At issue was whether his pretrial motion to suppress evidence and statements was improperly denied where the warrantless search of his hotel room was unlaw...

Commonwealth v. Glover  
Date: June 1, 2011
Docket Number: SJC-10800

Justia Opinion Summary: Defendant appealed the denial of his second motion for a new trial where he was convicted of second degree murder for the stabbing of an individual. At issue was whether defendant was denied effective assistance of couns...

Bay State Gas Co. v. Dept. of Public Utilities  
Date: May 31, 2011
Docket Number: SJC-10754

Justia Opinion Summary: Five months after the Department of Public Utilities ("department") approved the request of Bay State Gas Company ("Bay State") to sell and transfer all the common stock of its subsidiary Northern Utilities, Inc. ("North...

Guardianship of Erma  
Date: May 25, 2011
Docket Number: SJC-10787

Justia Opinion Summary: The subject of the present appeal was an order issued by a judge in the Probate and Family Court, authorizing the involuntary administration of antipsychotic medication (substituted judgment treatment order) to a mentall...

Commonwealth v. Zeininger  
Date: May 24, 2011
Docket Number: SJC-10758

Justia Opinion Summary: Defendant was convicted of operating a motor vehicle with a blood alcohol level of 0.08 percent or greater and sentenced to a one-year term of probation and ninety-day loss of license. The principal issue in this case wa...

Commonwealth v. Rutkowski  
Date: May 24, 2011
Docket Number: SJC-10417

Justia Opinion Summary: Defendant was convicted of murder in the first degree on the theory of extreme atrocity or cruelty when she ran over her husband several times and was convicted of an assault and battery on him by means of a dangerous we...

Wentworth v. Henry C. Becker Custom Building LTD  
Date: May 23, 2011
Docket Number: SJC-10806

Justia Opinion Summary: Plaintiff sued defendant, a general contractor at a residential construction site, alleging claims of negligence, cross negligence and/or willful, wanton, or reckless conduct which resulted in the deaths of two employees...

Commonwealth v. Chown  
Date: May 20, 2011
Docket Number: SJC-10779

Justia Opinion Summary: Defendant was indicted for trafficking in cocaine and possession of marijuana with intent to distribute when he was stopped for speeding and then arrested for operating a motor vehicle without a license in violation of G...

Scott BERES vs. BOARD OF REGISTRATION OF CHIROPRACTORS
Date: May 20, 2011
Docket Number: SJC-10820
Commonwealth v. Wynton W.  
Date: May 19, 2011
Docket Number: SJC-10805

Justia Opinion Summary: A juvenile was charged with possession of a dangerous weapon on the grounds of a school in violation of G.L. c. 269, 10(j) when a knife, a recent birthday gift from his father, dropped out of his pocket during shop class...

Boston Edison Co. v. Massachusetts Water Resources Authority  
Date: May 19, 2011
Docket Number: SJC-10714

Justia Opinion Summary: Boston Edison Company ("Boston Edison") brought an action under G.L. c. 79, 12 to recover damages caused by four eminent domain takings by the Massachusetts Water Resources Authority ("MWRA") on property known as the For...

Commonwealth v. Levy  
Date: May 17, 2011
Docket Number: SJC-10778

Justia Opinion Summary: Defendant, charged with possession of cocaine with intent to distribute and doing so in a school zone, moved successfully to suppress drugs that were seized from his person. At issue was whether the police had probable c...

Bradl v. Denner Assoc., P.C., et al.  
Date: May 13, 2011
Docket Number: SJC-10936

Justia Opinion Summary: Plaintiff appealed from a judgment of a single justice of this court denying his petition for relief under G.L.c. 211, 3, alleging, inter alia, violations of the Wage Act, G.L.c. 149, 148 and 150, when plaintiff filed an...

PSY-ED Corp., et al. v. Klein, et al.  
Date: May 12, 2011
Docket Number: SJC-10722

Justia Opinion Summary: Plaintiff filed a complaint against defendants alleging defamation, violation of G.L. c. 93A, 11, civil conspiracy, and tortious interference with contractual and business relations and defendants filed counterclaims. At...

Commonwealth v. Aaron Powell  
Date: April 28, 2011
Docket Number: SJC-10783

Justia Opinion Summary: Defendant appealed his conviction of possession of a firearm without a firearm identification card, carrying a loaded firearm without a license, and resisting arrest. At issue was whether the court properly denied defen...

Care and Protection of Isabelle  
Date: April 28, 2011
Docket Number: SJC-10772

Justia Opinion Summary: The mother of a child who was the subject of care and protection in a proceeding in Juvenile Court appealed from a judgment denying her petition for relief from an order placing the child in temporary custody of the Depa...

Karyn Laurano v. Superintendent of Schools, et al.  
Date: April 28, 2011
Docket Number: SJC-10856

Justia Opinion Summary: Plaintiff served as an elementary school nurse during the 2007-2008 and 2008-2009 school years but did not acquire professional teacher status under G.L. c. 71, sections 41 and 42. Defendant sent plaintiff a notice that...

IN THE MATTER OF Tammy SHARIF
Date: April 27, 2011
Docket Number: SJC-10708
Commonwealth v. James J. Smith  
Date: April 26, 2011
Docket Number: SJC-10078

Justia Opinion Summary: Defendant appealed a conviction of murder in the first degree where the predicate felony for felony-murder was an armed home invasion. Defendant was also convicted of unlawful possession of a firearm. Defendant raised...

The Real Estate Bar Assoc. for MA vs. Nat'l Real Estate Information Services, et al  
Date: April 25, 2011
Docket Number: SJC-10744

Justia Opinion Summary: The Real Estate Bar Association of Massachusettes ("REBA") claimed that certain activities undertaken by the National Real Estate Information Services ("NREIS") constituted an unauthorized practice of law. At issue was w...

COMMONWEALTH vs. Benjamin CRUZ
Date: April 19, 2011
Docket Number: SJC-10738
GLOBAL COMPANIES, LLC vs. COMMISSIONER OF REVENUE
Date: April 19, 2011
Docket Number: SJC-10724
COMMONWEALTH vs. Paul GUNTER
Date: April 19, 2011
Docket Number: SJC-10733
Peter HRYCENKO vs. COMMONWEALTH
Date: April 19, 2011
Docket Number: SJC-10771
COMMONWEALTH vs. Duncan PURDY
Date: April 15, 2011
Docket Number: SJC-10739
COMMONWEALTH vs. Kenneth G. HAMILTON
Date: April 15, 2011
Docket Number: SJC-10718
COMMONWEALTH vs. Michael J. BIZANOWICZ
Date: April 14, 2011
Docket Number: SJC-10564
Nancy W. ADAMS vs. Nicholas C. ADAMS
Date: April 14, 2011
Docket Number: SJC-10671
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