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| Abubardar v. O'Brien, Docket Number: 2004-02378-A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 20, 2006, Filed
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Overview: Inmate's due process claim was rejected as three-day restriction to housing did not implicate liberty interest as it did not constitute atypical and significant hardship on inmate in relation to ordinary incidents of prison life. Inmate challenged restriction under institution's grievance procedure where due process rights were not protected.
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| Burt v. Sex Offender Registry Bd., Docket Number: 2004-0883C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Due to a number of discrepancies in the evidence before a hearing examiner, his decision to classify plaintiff as a level 3 sex offender under Mass. Gen. Laws ch. 6, § 178K(2)(c) of the Massachusetts Sex Offender Registry Law could not have been based on substantial evidence as required by Mass. Gen. Laws ch. 30A, § 14(7)(e).
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| Commonwealth v. Brunnell, No. 05-P-44,
APPEALS COURT OF MASSACHUSETTS, January 20, 2006, Decided
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Overview: Trial judge properly held defendant in contempt in summary proceedings under Mass. R. Crim. P. 43(a), as obscene epithets he directed toward judge, who had denied his request to lower bail, were so offensive to the court's dignity and authority as to be contemptuous; the judge had not been obliged to issue a warning before holding him in contempt.
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| Commonwealth v. Shore, No. 04-P-1715,
APPEALS COURT OF MASSACHUSETTS, January 20, 2006, Decided
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Overview: There was sufficient evidence to conclude the 15-year-old victim did not consent to her 47-year-old employer's sudden grabbing of her breast in the pharmacy as acceptance of a massage for a sore back was a far cry from consent to grab a breast and an explicit verbal or physical rebuff was not required in regard to Mass. Gen. Laws. ch. 265, § 13H.
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| Commonwealth v. Oliveira, SJC-09146,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 23, 2006, Decided
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Overview: Jury instructions on malice and intoxication in defendant's trial for first-degree murder, Mass. Gen. Laws ch. 265, § 1, did not violate Mass. Gen. Laws ch. 278, § 33E as an error in the malice instruction was merely a slip of the tongue which did not affect the outcome and the trial court properly used the pattern instruction on intoxication.
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| Horgan v. Montachusett Addiction Council, Inc., Docket Number: 04-1723C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 23, 2006, Filed
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Overview: Where landlord's insurer brought an action for subrogation against commercial lessee seeking to recover from lessee money it paid for fire damage to the insured property, the lessee's motion for summary judgment was granted because the yield-up clause in the commercial lease between the parties precluded a finding of liability against the lessee.
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| Lane v. Zoning Bd. of Appeals, No. 04-P-922,
APPEALS COURT OF MASSACHUSETTS, January 23, 2006, Decided
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Overview: Summary judgment was properly granted to a property owner and a town zoning board of appeals regarding an easement because an easement by estoppel had been established as abutting landowners' deed put them on notice that others could have rights in the way by which they would be bound.
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| Marnerakis v. Phillips, Silver, Talman, Aframe & Sinrich, P.C., SJC-09398,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 23, 2006, Decided
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Overview: Since the individual had not demonstrated the inadequacy of his potential avenues of relief, his motion, pursuant to Mass. Dist. & Mun. App. Div. R. 4(c), to extend the time for filing the notice of appeal was properly denied. Thus, he was not entitled to relief under Mass. Gen. Laws ch. 211, § 3.
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| Shafer v. Contributory Ret. Appeal Bd., Docket Number: 04-684C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 23, 2006, Filed
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Overview: Retirement benefits of former police and fire chiefs should have been calculated by adding the use of employer-supplied vehicles as regular compensation under Mass. Gen. Laws ch. 32, § 1, so long as certain factors were satisfied and certain evidence was presented. Further, such benefits could have been received retroactively in some cases.
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