May 5, 2026

Defense loses bid to up state’s burden in college rape case

The Appeals Court ruled that rape victims’ fear need not be objectively reasonable, upholding a conviction in a case involving Boston University students.

Apr 26, 2026

Criminal – Rape – Constructive force

Where a defendant charged with rape requested a jury instruction that the victim’s “fear of force could not be simply subjective,” the trial judge did not err by denying that request, as the rape statute, G.L.c. 265, §22, does not require that the victim's fear be objectively reasonable.

Apr 24, 2026

Challenge to constructive force instruction rejected

The Appeals Court has affirmed a defendant’s rape conviction, rejecting his argument that the jury should have been instructed that constructive force is not determined solely by the alleged victim's subjective state of mind or feelings of fear, but also that her fear must be objectively reasonable.

Feb 17, 2026

Prisons – Appellate entry fee – Waiver

Where (1) a Superior Court judge denied a plaintiff’s motion for extra fees and costs to hire an expert witness, (2) the plaintiff sought interlocutory relief from a single justice of the Appeals Court pursuant to G.L.c. 231, §118, and (3) the plaintiff moved for a waiver of the appellate entry fee, the single justice’s order requiring the payment of a partial entry fee must be reversed becau[...]

Oct 28, 2025

Prisons – Photocopies

Where an incarcerated plaintiff’s complaint was dismissed, the order dismissing the complaint must be reversed with respect to (1) the plaintiff’s claim that a state regulation and corresponding prison policy governing library services and photocopying procedures are being interpreted to deny inmates access to the courts and (2) a claim for damages under the Massachusetts Civil Rights Act agai[...]

Aug 27, 2025

Wills and trusts – Cy pres – Standing

Where a petition seeking reformation of a trust under the doctrine of cy pres was dismissed for lack of standing, the dismissal judgment must be vacated because the petition adequately alleges that the trust at issue is a public charitable trust such that the attorney general has standing to bring a suit for its enforcement.

Mar 14, 2025

SJC: hearing required before OUI defendant can withdraw plea

The state was entitled to an evidentiary hearing before a District Court judge granted an OUI defendant’s motion to withdraw a guilty plea based on government misconduct involving the calibration of Alcotest 9510 breath-test devices, the Appeals Court has decided.

Mar 10, 2025

Motor vehicles – OUI – Alcotest 9510

Where a judge allowed a defendant’s motion to withdraw a plea entered on a charge of operating a motor vehicle under the influence of intoxicating liquor, the judge abused his discretion by allowing the motion without first holding an evidentiary hearing.