Justia Massachusetts Supreme Court Opinion Summaries

Articles Posted in January, 2012
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Defendant was convicted of having a firearm without a license in his control in a motor vehicle, possession of ammunition without a firearm identification card, and possession of marijuana. On appeal, defendant argued, among other things, that the admission in evidence of drug certificates of analysis and a ballistic certificate of examination violated his right to confrontation as set forth in Melendez-Diaz v. Massachusetts. Because defendant did not argue that the erroneous admission of the ballistics certificate of examination had any impact as to the unlawful possession of ammunition conviction, the court confined its review to the effect of its admission solely as to the unlawful possession of a firearm conviction. Because the evidence that the weapon was operable was not overwhelming without the ballistics certificate of examination, the court concluded that the admission of the certificate was not harmless beyond a reasonable doubt, and that the judgment of conviction on the indictment charging defendant with having a firearm without a license in his control of a motor vehicle must be reversed. View "Commonwealth v. Barbosa" on Justia Law

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After a hearing, a judge of the district court issued a harassment prevention order, under G.L.c. 258E, that directed Robert O'Brien not to, inter alia, abuse or harass Alan Borowski. O'Brien filed a petition to vacate and dismiss the order under G.L.c. 211, section 3, before a single justice of the court, who reserved and reported the case for decision by the full court. O'Brien argued that c. 258E was unconstitutionally overbroad as applied to him because the conduct complained of was protected speech. The court concluded that c. 258E was not unconstitutionally overbroad under the court's interpretation of the statue because it limited the scope of prohibited speech to constitutionally unprotected "true threats" and "fighting words." Because the court vacated the now-expired harassment prevention order on other grounds, the court did not reach the question whether the application of the statute was unconstitutional. View "O'Brien v. Borowski" on Justia Law

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The child's father, who was indigent and whose parental rights would be terminated if the guardians' petition was granted, filed an objection to the adoption. A judge in the Probate and Family Court appointed counsel for the father and child. CPCS sought a ruling as to whether it was authorized to compensate counsel in these circumstances, moved to intervene for the purpose of asking the judge to reserve and report the question of the father's and child's entitlement to appointed counsel in a case initiated by private parties. The court agreed with CPCS, the father, and the child that due process and equal protection principles required the appointment of counsel in such cases. View "Adoption of Meaghan" on Justia Law

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Defendant appealed his conviction of murder in the first degree on theories of deliberate premeditation and felony-murder based on a predicate felony of aggravated rape, as well as aggravated rape. The court held that the judge did not err in denying defendant's motion to dismiss the aggravated assault indictment, as there was sufficient evidence from which the grand jury could have inferred the victim did not consent to intercourse with defendant; the evidence of lack of consent, though circumstantial, was very powerful, and supported a finding beyond a reasonable doubt that the victim did not consent to sexual intercourse or unnatural sexual intercourse with defendant; certain evidence of prior bad acts was admissible; and the prosecutor's statements did not make a difference in the jury's verdict. Accordingly, the judgment was affirmed. View "Commonwealth v. Cheremond" on Justia Law

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This case concerned the way by which the costs of financing the school district were apportioned among the city of New Bedford, the town of Dartmouth, and the town of Fairhaven, which were municipalities comprising the school district. Dartmouth commenced an action in the superior court against defendants challenging the funding obligations imposed on the member municipalities by the Education Reform Act of 1993, G.L.c. 70, section 6. Fairhaven filed a cross claim asserting that the funding obligations imposed by the Act were a disproportionate tax on property and income in violation of the state constitution. The court held that the complaint filed by Dartmouth and cross claim filed by Fairhaven were properly dismissed because Dartmouth and Fairhaven failed to state a claim on which relief could be granted. View "Town of Dartmouth v. Greater New Bedford Regional Vocational Tech. High Sch. Dist. & others" on Justia Law

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Defendant was convicted of murdering his wife and two daughters on theories of deliberate premeditation and extreme atrocity or cruelty. On appeal, defendant argued that the judge erred in allowed the Commonwealth to present evidence of defendant's demeanor, in denying his motion for a required finding of not guilty, and in denying his motion for a mistrial because an unsigned note he had handwritten in Spanish was erroneously sent to the jury room. Defendant also asked that the court exercise its power under G.L.c. 278, section E, to reduce the verdicts to murder in the second degree. The court held that, because there was no merit to defendant's claims of error and the court discerned no reason to exercise its power under G.L.c. 278, section 33E, the convictions were affirmed. View "Commonwealth v. Mejia" on Justia Law

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Defendant was convicted of unlawful distribution of cocaine and of a drug offense in a school zone. The Appeals Court, relying on its decision in Commonwealth v. King, affirmed defendant's convictions, holding that a field test and other circumstances rendered the admission of the certificate of drug analysis harmless beyond a reasonable doubt. The court granted defendant's application for further appellate review and paired this case for argument with Commonwealth v. King, a case that raised the same issue and involved the same prosecutor and the same detective as were involved in this case. Because the court concluded, as it did in King, that in the specific circumstances of this case, the Commonwealth's evidence was not so overwhelming as to nullify the effect of the erroneously admitted certificate, the judgment was reversed. View "Commonwealth v. Billings" on Justia Law

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Defendant was convicted of unlawful distribution of cocaine. The Appeals court affirmed his conviction, holding that the field test and other circumstances rendered the admission of a certificate of drug analysis harmless beyond a reasonable doubt. The court granted defendant's application for further appellate review and paired this case for argument with Commonwealth v. Billings. Because the court concluded that, in the specific circumstances of this case, the Commonwealth's evidence was not so overwhelming as to nullify the effect of the erroneously admitted certificate, the judgment was reversed. View "Commonwealth v. King" on Justia Law

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While being held for custodial interrogation, and without having first waived the Miranda rights of which he had been advised, defendant shook his head from side to side in response to the question, "So you don't want to speak?" At issue was whether defendant, by his conduct, had invoked the right to remain silent guaranteed under the Fifth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of rights and, if so, whether the police sufficiently honored that right. The court concluded that, under both the Fifth Amendment and art. 12, the right to remain silent was invoked but was not "scrupulously honored" and that suppression of the subsequent incriminating statements was accordingly warranted. In so concluding, the court held that, in the prewaiver context, art. 12 did not require a suspect to invoke his right to remain silent with the utmost clarity, as required under Federal law. View "Commonwealth v. Clarke" on Justia Law

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This case concerned a family dispute over ownership of what had been the family home in Woburn. At issue was whether a party could establish that she lacked the capacity to contract, thus making the contract voidable by her, in the absence of evidence that she suffered from a medically diagnosed, long-standing mental illness or defect. The court concluded that its evolving standard of contractual incapacity did not in all cases require proof that a party's claimed mental illness or defect was of some significant duration or that it was permanent, progressive, or degenerative; but, without medical evidence or expert testimony that the mental condition interfered with the party's understanding of the transaction, or her ability to act reasonably in relation to it, the evidence would not be sufficient to support a conclusion of incapacity. In this case, the evidence was insufficient to support a determination of incapacity where Susan, among other things, understood at the time that she was participating in a mediation to discuss settlement of the lawsuit, was aware that the subject of the mediation was to resolve the dispute regarding the family home, participated in the mediation, and listened to the arguments of counsel. Therefore, the court vacated the motion judge's order and remanded for entry of an order enforcing the settlement agreement. View "Sparrow v. Demonico & another" on Justia Law