Justia Massachusetts Supreme Court Opinion Summaries

Articles Posted in January, 2013
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In 2003, Defendant was convicted of murder in the second degree. The conviction was affirmed on direct appeal. In 2007, in light of a decision by a Federal court, Defendant moved for a new trial, arguing that his right to a public trial was violated when court officers excluded his family from the courtroom during jury selection and his counsel failed to object. After a hearing, the judge determined (1) the exclusion of Defendant's family constituted structural error but that there was no miscarriage of justice because closing the court did not materially impact the case or verdict; and (2) defense counsel's failure to object to the closure was a reasonable tactical decision. The Supreme Court affirmed the order denying Defendant's motion for a new trial, holding that the judge did not err in finding that defense counsel's tactical decision not to object to the courtroom closure was not manifestly unreasonable when made, and thus, Defendant was not deprived of effective assistance of counsel. View "Commonwealth v. Lavoie" on Justia Law

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Following a joint trial, a jury found Defendants, Terrence Brown and Nathan Rivera, guilty of murder in the first degree, armed assault in a dwelling, home invasion, and unlawful possession of a firearm. Rivera was additionally found guilty of armed assault with intent to murder. On appeal, both Defendants principally argued the admission of a statement Brown made to police was prejudicial error. The Supreme Court affirmed, holding (1) Brown's statement to police admitting his involvement in the home invasion was not obtained in violation of the Massachusetts Declaration of Rights and Commonwealth v. Mavredakis; and (2) the trial judge did not abuse his discretion by admitting a redacted version of Brown's statement and denying Rivera's motions to sever the trials on this basis; and (3) the admission of Brown's redacted statement did not violate Brown's right to a fair trial by impairing his ability to present a defense of withdrawal. View "Commonwealth v. Rivera" on Justia Law

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Hollis Hills, LLC filed an application for a comprehensive permit with the zoning board of appeals of Lunenberg to build condominium units in townhouses. The board denied the application. The Massachusetts housing appeals committee (HAC) set aside the board's decision and directed the board to issue a comprehensive permit. The superior court affirmed the HAC's decision. The Supreme Court affirmed, holding (1) there was substantial evidence to support the HAC's finding that the existing subsidized housing in the region did not adequately address the regional need for housing; (2) substantial evidence supported the HAC's conclusion that the proposed project was not inconsistent with the town's master planning and would not undermine those plans; (3) the HAC did not abuse its discretion in concluding that the balance of interests under the circumstances favored the regional need for affordable housing rather than the local concern of a zoning noncomformity; and (4) the HAC did not err in not staying the proceedings until the Governor had appointed a fifth member to the HAC. View "Zoning Bd. of Appeals of Lunenburg v. Housing Appeals Comm." on Justia Law

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After allegations of professional misconduct, the Board of Registration of Social Workers suspended Sandra Clark's license to practice as a licensed independent clinical social worker for five years. A single justice of the Supreme Court affirmed the Board's order. The Supreme Court affirmed the single justice's judgment, holding that the decision of the justice correctly rejected Clark's claims of error, as (1) Clark failed to demonstrate that the Board's decision to suspend her license was not supported by substantial evidence, or that it was arbitrary or capricious or based on any error of law; and (2) the Board's proceedings did not violate Clark's due process rights. View "Clark v. Bd. of Registration of Social Workers" on Justia Law