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| Commonwealth v. Brannon B., No. 04-P-757,
APPEALS COURT OF MASSACHUSETTS, April 13, 2006, Decided
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Overview: Since a juvenile's plea of guilty was intelligently and voluntarily made, and the juvenile participated in the robbery by following the victim and running away with two other individuals after the victim's purse was taken, the judge committed no abuse of discretion in denying the motion to withdraw the plea and the motion for a new trial.
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| Commonwealth v. Fuller, No. 04-P-1145,
APPEALS COURT OF MASSACHUSETTS, April 13, 2006, Decided
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Overview: Department of Mental Retardation worker was properly permitted to testify about a rape victim's mental retardation where the worker had worked with victim for over eight and one half years, and thus, was competent to testify about daily caretaking services provided to victim, as well as observations about victim's limitations in caring for herself.
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| Nelson v. Salem State College, SJC-09519,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 13, 2006, Decided
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Overview: Plaintiff, who was clandestinely videotaped in her open, public office, could not prevail in her 42 U.S.C.S. § 1983 suit against a college and its employees alleging invasion of privacy in violation of the Fourth Amendment, as she had no objectively reasonable expectation of privacy in her workplace.
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| Boyd v. AMTRAK, SJC-09543,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 14, 2006, Decided
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Overview: Grant of summary judgment was reversed as to claims predicated on reckless conduct where plaintiff presented sufficient evidence to create triable issue of fact as to whether defendants' purported failure to sound train's whistle as mandated by Mass. Gen. laws ch. 160, § 138, and exceeding of federal speed limit constituted reckless conduct.
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| Burnett v. Maloney, Docket Number: 99-01423,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 14, 2006, Filed
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Overview: Summary judgment in an inmate's § 1983 action was not appropriate; he produced enough proof to show a violation of his Eighth Amendment rights by describing how employees beat him when taking him from his cell when he was compliant and prison was quiet. Officials could only claim qualified immunity as they were sued in their individual capacities.
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| Carter v. Lynn Hous. Auth., No. 05-P-171.,
APPEALS COURT OF MASSACHUSETTS, April 14, 2006, Decided
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Overview: A hearing officer properly terminated a tenant's section 8 rent subsidy because (1) under 24 C.F.R. § 982.55, causing damage "beyond reasonable wear and tear" was a sufficient reason for such termination; (2) he was not required to credit the tenant's denial that she had damaged her apartment; and (3) she presented no mitigating evidence.
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| Commonwealth v. Johnston, SJC-09606,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 14, 2006, Decided
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Overview: Since mental impairment was not a factor that mitigated an otherwise proved offense, and no evidence of justification, excuse, or traditionally recognized mitigation was introduced at a trial, the trial court did not have to instruct on malice as to the charge of assault with intent to murder under Mass. Gen. Laws ch. 265, § 18(b).
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| Devine v. Bd. of Health of Westport, No. 05-P-428,
APPEALS COURT OF MASSACHUSETTS, April 14, 2006, Decided
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Overview: Under Mass. Gen. Laws ch. 111, § 31E, a local board of health constructively approved a permit application for a septic system upgrade, where the board failed to mail a written letter of denial to the applicant within 45 day after the application was filed, even though the board had voted to disapprove the application within 45 days of its filing.
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| Moran v. Gala, No. 05-P-732,
APPEALS COURT OF MASSACHUSETTS, April 14, 2006, Decided
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Overview: An attorney and his wife were estopped from asserting an adverse possession claim against neighbors because the attorney handled the sale of the disputed land to them, drew up documents showing that they owned the land, and never told them that he intended to claim it, although he knew the facts underlying his claim throughout the transaction.
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| Wojcik v. Lynn Hous. Auth., No. 05-P-204,
APPEALS COURT OF MASSACHUSETTS, April 14, 2006, Decided
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Overview: PHA erred in disregarding hearing officer's decision to continue tenant's "section 8" (42 U.S.C.S. § 1437f) benefits as hearing officer's findings that tenant had apologized for threatening to shoot case worker and had remorse were not errors of law under 24 C.F.R. § 982.555(f)(2), were supported by evidence, and were not abuses of discretion.
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