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   State Courts - Massachusetts - March 2, 2006

  
Carrioulo v. Falmouth Conservation Comm'n, Docket Number: 2004-231-A, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, March 2, 2006, Decided
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Overview: Conservation commission's denial of a variance to allow driveway construction work within 25 feet of a salt marsh was affirmed. Commission expressed a reasoned and tailored basis for its exercise of discretion in refusing to grant property owner a variance from enforcement of Falmouth, Mass., Wetlands Regs. § 10:18(7).

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Commonwealth v. Laguer, No. 05-P-155, APPEALS COURT OF MASSACHUSETTS, March 2, 2006, Decided
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Overview: Superior court did not err in denying defendant's new trial motion as he did not establish that a substantial basis existed for claiming prejudice from nondisclosure of fingerprint report as report did not contain information that would have cast doubt on victim's positive identification of him, and it did not clear him from involvement in attack.

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Commonwealth v. Perry, No. 04-P-106, APPEALS COURT OF MASSACHUSETTS, March 2, 2006, Decided
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Overview: Evidence supported unlawful entry element of armed burglary because once defendant threatened to kill neighbor, he could not believe he still had permission to enter neighbor's home; and his prior concurrent sentences met the twice committed requirement of habitual offender statute where separate mittimuses showed he was committed on each sentence.

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Ford v. Gosselin, Docket Number: 05-00010, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, March 2, 2006, Decided
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Overview: Revocation of Class A firearms license due to incident where licensee threatened city employees was supported by reasonable grounds pursuant to Mass. Gen. Laws ch. 140, § 131. Lower court erred in reinstating the license based primarily on fact that licensee was not convicted of crime and was not prohibited from possessing license was error.

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New Bedford v. Goldblatt, Docket Number: 04-1415, SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: Commission's modification of termination of employee was vacated under Mass. Gen. Laws ch. 30A, § 14(7) as employee was subject to last chance agreement and was insubordinate when he responded to supervisor's discovery of his and his crew being found sitting down on job by turning back on supervisor and making pretense of work.

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