Other

Schilling strikes out

adamg — Thu, 24 May 2012 21:34:46 +0000

COMMONWEALTH vs. ZACHARY Z., a juvenile

adamg — Thu, 24 May 2012 14:46:38 +0000

NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030;

COMMONWEALTH vs. ZACHARY Z., a juvenile.

SJC-11021.

April 5, 2012. - May 24, 2012.

Evidence, Photograph, Identification. Identification. Search and Seizure, Expectation of privacy. Practice, Criminal, Juvenile delinquency proceeding, Access to photographs used in identification.

COMPLAINT received and sworn to in the Suffolk County Division of the Juvenile Court Department on December 5, 2008.

A pretrial motion to suppress evidence was heard by Leslie E. Harris, J.

An application for leave to prosecute an interlocutory appeal was allowed by Botsford, J., in the Supreme Judicial Court for the county of Suffolk, and the appeal was reported by her to the Appeals Court. The Supreme Judicial Court on its own initiative transferred the matter from the Appeals Court.

Showing New Yorkers a wicked good time

adamg — Mon, 21 May 2012 21:51:46 +0000

Phillip McCarthy, our roving UHub photographer in New York, reports he almost fell out of his boat this weekend when he saw that face unfurl on a boat participating in the Atlantic Cup race from Charleston, SC to Newport.

Turns out Newbury Comics co-founder Mike Dreese not only owns the Toothface, he's sailing it during the race.

Admilson VIZCAINO vs. COMMONWEALTH

adamg — Mon, 21 May 2012 14:51:41 +0000

Admilson VIZCAINO vs. COMMONWEALTH.

SJC-10939.

February 9, 2012. - May 21, 2012.

Contempt. Practice, Criminal, Contempt proceeding.

CIVIL ACTION commenced in the Supreme Judicial Court for the county of Suffolk on December 30, 2010. The case was reported by Spina, J.

Jonathan Shapiro (John Cushman with him) for the defendant. Joseph M. Ditkoff, Assistant District Attorney (Mark A. Hallal & Nicholas J. Walsh, Assistant District Attorneys, with him) for the Commonwealth.

Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

SPINA, J.

Stare decided: Court rules just creeping somebody out not enough for a criminal conviction

adamg — Fri, 18 May 2012 15:07:50 +0000

The Supreme Judicial Court today overturned the criminal-harassment conviction of a Middleborough man who slowly drove his pickup in front of a woman's house every day for months as her kids were getting off the school bus, even after police asked him to knock it off and he agreed and then kept doing it.

Part of the state's evidence against James McDonald of Middleborough was that the woman reported he would stare at her or her neighbors as he prowled around. The court, however, said that a stare is not enough:

COMMONWEALTH vs. James R. McDONALD

adamg — Fri, 18 May 2012 14:45:59 +0000

COMMONWEALTH vs. James R. McDONALD.

SJC-10968.

February 9, 2012. - May 18, 2012.

Criminal Harassment.

COMPLAINT received and sworn to in the Wareham Division of the District Court Department on May 18, 2009.

The case was heard by Kathryn E. Hand, J.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.

Maurice A. Reidy, III, for the defendant.

Audrey Anderson Kachour, Assistant District Attorney, for the Commonwealth.

Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

DUFFLY, J.

Court rules with conviction: Tosses tougher OUI penalty against guy who'd had earlier case dismissed after admitting he would have been found guilty

adamg — Thu, 17 May 2012 21:31:28 +0000

The Supreme Judicial Court ruled today a man improperly had his license suspended too long under the state's drunk-driving law because after the first time he was arrested, he didn't actually plead guilty to drunk driving.

Following a 1997 arrest, Paul Souza admitted to sufficient facts for a finding of guilty of OUI. Souza's 1997 case was continued without a finding and the charge against him dismissed after he completed an alcohol education program.

Paul J. SOUZA vs. REGISTRAR OF MOTOR VEHICLES and another

adamg — Thu, 17 May 2012 20:50:12 +0000

Paul J. SOUZA vs. REGISTRAR OF MOTOR VEHICLES & another. [FN1]

SJC-11123.

February 6, 2012. - May 17, 2012.

Motor Vehicle, Operating under the influence. Statute, Construction. Practice, Criminal, Conviction, Admission to sufficient facts to warrant finding. Words, "Convicted."

CIVIL ACTION commenced in the Superior Court Department on October 1, 2010.

The case was heard by Elizabeth B. Donovan, J., on a motion for judgment on the pleadings.

The Supreme Judicial Court granted an application for direct appellate review.

Dana Alan Curhan (Joseph P. Cataldo with him) for the plaintiff.

David R. Marks, Assistant Attorney General, for the defendants.

Brian E. Simoneau & Peter B. Krupp, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Man against government handouts seeks government handout

adamg — Thu, 17 May 2012 11:30:10 +0000

Meet Curt Schilling, who yesterday asked Rhode Island to pony up some cash for his game company, because the loan guarantees they gave him weren't enough to keep the company from defaulting on a loan payment.

Maybe just as well we let Curt Schilling move his company to Rhode Island

adamg — Tue, 15 May 2012 19:42:52 +0000

Massachusetts has failed solar companies and Rhode Island might soon have Curt Schilling. The Providence Journal reports Gov. Lincoln Chafee spent his weekend trying to figure out how to keep Schilling's game company "solvent," because otherwise the state might be out the $75 million it loaned it to get it to move from its original home in Maynard. Schilling has often said he doesn't want government handouts.

Train service halted between Providence and Boston after person hit, killed

adamg — Mon, 14 May 2012 21:00:34 +0000

MBTA Transit Police report a "trespasser" on the tracks was struck and killed by a Boston-bound Amtrak train between Mansfield and Sharon late this afternoon, and that both commuter-rail and Amtrak service is now halted as police investigate. Buses are on the way to pick up passengers, MBCR says.

Zach Lanier tweets:

Currently on Amtrak #2160, sitting between Providence and Rte128. Our train hit someone crossing the tracks; fatality.

Rob Goodwin, also on the train, tweets:

I feel horrible for the Amtrak crew. I don't know how I would cope in their shoes. Having a tough enough time coping with it in mine.

Why you don't want to be on the tracks in Mansfield or Sharon:

The finest hand-crafted subway map in the world

adamg — Mon, 14 May 2012 12:48:55 +0000

See the entire route map.

Dani B. reports one of the maps on Red Line car 01632 looks "a little different" from all the rest.

Beckett septuple bogies

adamg — Fri, 11 May 2012 00:02:19 +0000

One fan sums it up.

Sox PA announcer dies in car crash

adamg — Wed, 09 May 2012 20:13:52 +0000

WBZ tweets that Carl Beane died in a car crash in Sturbridge today.

Giant flame, loud FWOOM over Everett tomorrow neither sign of disaster nor summons for forces of evil

adamg — Tue, 08 May 2012 21:46:16 +0000

Channel 5 reports that National Grid will be cleaning a natural-gas pipeline by the Mystic River tomorrow by burning off the gas, starting around 6 a.m.:

The flare resulting from the natural gas purge could last up to eight hours and be seen throughout Greater Boston, the company said.

Also will result in "a large blowing noise."