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| Commonwealth v. Roland R., SJC-09692,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 30, 2007, Decided
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Overview: Because a juvenile could not withdraw consent after an administrative inspection began, and because the juvenile's flight was a further ground under Mass. Const. Decl. Rights art. XIV and U.S. Const. amend. IV on which to pursue and handcuff the juvenile and search his bag, the trial court erred in granting the juvenile's motion to suppress.
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| Rubin v. Morrone, Opinion No.: 96948, Docket Number: 06-1997A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 30, 2007, Decided
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Overview: Because owners did not, inter alia, identify the names or titles of the assistants to which they allegedly gave notice of their claim against a zoning board, they were not excused from the strictly enforced 20-day notice provision in Mass. Gen. Laws ch. 40A, § 17.
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| Stagg Chevrolet, Inc. v. Bd. of Water Comm'rs , No. 06-P-522,
APPEALS COURT OF MASSACHUSETTS, January 30, 2007, Decided
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Overview: Because a notice of a water commissioners' decision did not inform a taxpayer of the appeal procedures in Mass. Gen. Laws ch. 59, §§ 63, 64, 65, the Appellate Tax Board properly denied the commissioners' appeal of an abatement to the taxpayer.
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| Voigt v. City of Medford, Docket Number: 2005-00163F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 30, 2007, Decided
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Overview: Where an applicant's special permit application for a tattoo parlor was denied, City of Medford, Mass., Revised Ordinance § 94-81 was unconstitutional on its face as a prior restraint of the applicant's First Amendment right of expression because the ordinance involved purely subjective evaluations of wholly unrestricted factors.
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| Commonwealth v. Considine, SJC-09729,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 31, 2007, Decided
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Overview: Trial court erred in granting defendants' motions to suppress evidence obtained due to a search of their room while they were on a private school field trip; search and evidence obtained did not violate defendants' rights under the Fourth Amendment, Fifth Amendment, or Mass. Const. Decl. Rights art. XIV since state actors did not conduct search.
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| Commonwealth v. Diaz, SJC-09445,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 31, 2007, Decided
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Overview: There was nothing manifestly unreasonable about counsel's tactical decisions and none of counsel's claimed failures was likely to influence verdict pursuant to Mass. Gen. Laws ch. 278, § 33E. Among other things, counsel's failure to move to sever defendant's trial from his codefendant's earlier did not amount to ineffective assistance.
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| Narducci v. Contributory Ret. Appeal Bd., No. 05-P-1356,
APPEALS COURT OF MASSACHUSETTS, January 31, 2007, Decided
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Overview: A teacher seeking accidental disability retirement, under Mass. Gen. Laws ch. 32, § 7(1), did not prove her work place air quality proximately caused her disability, despite supporting medical opinions, as not all of them were unqualified or stated in terms of reasonable medical certainty, and substantial evidence supported the contrary position.
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| Trans-Lease Group, Inc. v. Welch, Opinion No.: 97599, Docket Number: 2005-00638,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, January 31, 2007, Filed
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Overview: Because a court approved of the credibility determinations of a hearing officer, who carefully considered and rejected an employer's argument that it fired an employee for lying on his application rather than his disability, it approved the finding that the employer violated Mass. Gen. Laws. ch. 151B, § 4(16).
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