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   State Courts - Massachusetts - April 21, 2006

  
Cepulonis v. Commonwealth, SJC-09627, SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Commonwealth v. Correia, No. 05-P-235, APPEALS COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Overview: Since the police had probable cause to believe that marijuana had recently been smoked in the car and that evidence of marijuana use and possession would be found within it, the officers were entitled to search for such evidence, whether or not they had probable cause to arrest any particular occupant. Thus, the motion to suppress was denied.

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Commonwealth v. Lebron, No. 05-P-838, APPEALS COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Overview: Reasonable doubt instruction did not violate defendant's due process rights; judge used definition of reasonable doubt from Federal Judicial Center's Pattern Criminal Jury Instructions, Instruction 21, which complied with due process, and jury was not confused when "moral certainty" was used with "abiding conviction" and other qualifying language.

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Erickson v. Somers, SJC-09336, SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Goncalves v. City of Boston, No. 05-P-409, APPEALS COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Overview: Trial court properly held that Mass. Gen. Laws ch. 31, § 58A, which established age cap of 32 years for original appointments to BPD, precluded applicants from being included on City's eligible list for original appointment to BPD as City had adopted § 58A and applicants sought original appointment and were over age 32 when they took examination.

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Healey v. Nat'l Check Prot. Serv. Bus. Trust, Docket Number: 03-0609 BLS1, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 21, 2006, Decided
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Overview: Defendants' counsel's motion for sanctions against plaintiff's counsel was denied because the complaint filed against them was an example of excessive pleading, but it did not show the kind of willful design to defraud or to seek an unconscionable advantage prohibited by Rule 11(a), nor was willful ignorance apparent.

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In re Dasent, SJC-09515, SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Overview: In bar discipline proceedings, nothing in hearing committee's report was inconsistent with finding attorney misused client and third-party funds and failed to pay to client full amount of settlement award. Given that there were no special mitigating factors and were multiple ethical violations, single justice did not err in ordering disbarment.

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In re Shaughnessy, SJC-09560, SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Overview: Because an attorney rendered legal services to two clients after the effective date of his suspension, a single justice of the Supreme Judicial Court properly suspended the attorney for an additional one year and two days from the date of the order finding that he had violated Mass. Sup. Jud. Ct. R. 4:01, § 17(8).

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Lowery v. Klemm, SJC-09580, SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 21, 2006, Decided
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Overview: In a sexual harassment suit brought by a volunteer against an employee, the appellate court held that Mass. Gen. Laws ch. 214, § 1C did not apply to volunteers, although volunteers retained their common-law rights regarding sexual harassment. Therefore, summary judgment in favor of the employee was proper.

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T.W. Nickerson, Inc. v. Fleet Nat'l Bank, Docket Number: 02-00427, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, April 21, 2006, Decided
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Overview: A bank, as trustee, breached implied covenant of good faith and fair dealing in two leases; while lessee, a corporation, exercised its option to renew leases, trustee delayed negotiating new leases until the land could be and was sold to third party. Mass. Gen. Laws ch. 93A did not apply, as actions of trustee and beneficiaries were not commercial.

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