Product Description

Understand the elements and implications of paper streets, ancient ways, and public and private ways—including what they are, how they impact title, and why we care.

Agenda & Materials

• 2:00 pm - 2:02 pm

  Welcome and Introduction

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• 3:15 - 3:30 pm

  What Are Paper Streets?

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  J.W. Carney, Jr., Esq., Carney Gaudet & Carney , Boston
  Hon. David B. Paradis, Juvenile Court , Monson
  Hon. Joanna Rodriguez, Middlesex County Juvenile Court, Commonwealth of Massachusetts , Lowell
  
• 3:30 - 4:40 pm

  Streets and Ways

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  • Public Ways
  • State Highways
  • County Highways
  • Town Ways
  • Statutory Private Ways
  • Private Ways
  • How Are These Ways Established and Accepted
  • What Happens When There Is a Discontinuance of Streets and Ways
  • Review of Caselaw Regarding Streets and Ways
• 2:02 pm - 2:14 pm

  Competency Hearings in Juvenile Proceedings

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  Should a judge conduct a competency hearing prior to arraignment? Commonwealth v. Carson C, SJC 13107 (January 31, 2022) If a criminal charge against a juvenile is dismissed after arraignment due to a lack of competence to stand trial, may the proceedings be expunged? Commonwealth v. Carson C, SJC 13107 (January 31, 2022)

  Hon. Joanna Rodriguez, Middlesex County Juvenile Court, Commonwealth of Massachusetts , Lowell
  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  
• 4:40 - 4:50 pm

  Title Insurance Consideration

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  Hon. David B. Paradis, Juvenile Court , Monson
  Hon. Joanna Rodriguez, Middlesex County Juvenile Court, Commonwealth of Massachusetts , Lowell
  
• 2:14 pm - 2:32 pm

  Wallace W. Hearings and Hearsay in Juvenile Proceedings

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  Can multiple misdemeanors be dismissed as a “first offense” at a Wallace W hearing? Could a charge of A&B on a police office proceed directly to arraignment without a Wallace W hearing? Commonwealth v. Manolo M.,486 Mass. 678 (2021) Can reliable hearsay be submitted as proof of a first offense on a minor misdemeanor? Commonwealth v. Nick N., 486 Mass. 696 (2021)

  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  Hon. Karen E. Hennessy, Essex County Juvenile Court , Lawrence
  Hon. Joanna Rodriguez, Middlesex County Juvenile Court, Commonwealth of Massachusetts , Lowell
  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  
• 2:14 pm - 2:32 pm

  Wallace W. Hearings and Hearsay in Juvenile Proceedings

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  Can multiple misdemeanors be dismissed as a “first offense” at a Wallace W hearing? Could a charge of A&B on a police office proceed directly to arraignment without a Wallace W hearing? Commonwealth v. Manolo M.,486 Mass. 678 (2021) Can reliable hearsay be submitted as proof of a first offense on a minor misdemeanor? Commonwealth v. Nick N., 486 Mass. 696 (2021)

  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  Hon. Karen E. Hennessy, Essex County Juvenile Court , Lawrence
  Hon. Joanna Rodriguez, Middlesex County Juvenile Court, Commonwealth of Massachusetts , Lowell
  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  
• 2:32 pm - 2:47 pm

  Juror Conduct in Juvenile Proceedings

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  Must a judge conduct a voir dire regarding a sleeping juror? Can a judge act if a jury foreperson reports that discriminating comments are being made by jurors during deliberations? Commonwealth v. Ralph R.,100 Mass. App. Ct. 126 (2021) Model Jury Instruction on Implicit Bias

  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  Hon. Karen E. Hennessy, Essex County Juvenile Court , Lawrence
  
• 2:47 pm - 3:03 pm

  Terry Pat-Frisk in Motor Vehicle Stop

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  Can a police officer infer that a passenger outside a motor vehicle was distracting him in order to prevent the police from criminal activity in the vehicle and order the back seat passenger out and conduct a Terry pat-frisk? Commonwealth v. Sweeting-Bailey, SJC 13086

  Hon. Helen Brown Bryant, Suffolk Juvenile Court, Commonwealth of Massachusetts , Boston
  Hon. Karen E. Hennessy, Essex County Juvenile Court , Lawrence
  
• 3:03 pm - 3:19 pm

  Disparaging Remarks to Judge in Juvenile Proceedings

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  Can a juvenile defendant be held in contempt for his calling the judge a “dumb, white expletive" Commonwealth v. Ulani U., 487 Mass 203 (2021)

  Hon. David B. Paradis, Juvenile Court , Monson
  Hon. Helen Brown Bryant, Suffolk Juvenile Court, Commonwealth of Massachusetts , Boston
  
• 3:19 pm - 3:30 pm

  Break
• 3:30 pm - 3:42 pm

  Pathways Initiative and Conditional Custody

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  What is the Pathways Initiative? What is the Standing Order on Conditional Custody?

  Hon. Karen E. Hennessy, Essex County Juvenile Court , Lawrence
  Hon. Helen Brown Bryant, Suffolk Juvenile Court, Commonwealth of Massachusetts , Boston
  
• 3:42 pm - 3:58 pm

  Juvenile Brain Development and Time Served in Secure Facilities

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  Can a juvenile treated as a youthful offender present testimony by an expert on juvenile brain development who will opine that a juvenile of the defendant’s age cannot formulate the necessary intent for murder? Commonwealth v. Fernandes, 487 Mass. 770 (2021) Can a juvenile who is sentenced to a commitment to DYS entitled to credit for the amount of time he has spent in a secure facility being held on that offense? Commonwealth v. Ulani U., 487 Mass. 203 (2021)

  Hon. Helen Brown Bryant, Suffolk Juvenile Court, Commonwealth of Massachusetts , Boston
  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  
• 3:58 pm - 4:07 pm

  Testimony by Parent in Juvenile Proceedings and Probation Conditions

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  Can a juvenile call his father as a witness on a motion to suppress, or does the rule against a parent testifying against their child prohibit it? Commonwealth v. Vigiani, 488 Mass. 34 (2021) Can a judge sentence a juvenile to probation with a condition that he comply with all requirements of DYS conditions of liberty? Commonwealth v. Quigley Q., 99 Mass. App. Ct. 1112 (2021)

  Hon. Karen E. Hennessy, Essex County Juvenile Court , Lawrence
  Hon. Joanna Rodriguez, Middlesex County Juvenile Court, Commonwealth of Massachusetts , Lowell
  
• 4:08 pm - 4:16 pm

  Reassessment of DYS’s Attempts at Unification—Burden of Proof

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  Can a juvenile in a C&P proceeding move for a reassessment of DYS’s attempts at unification prior to the annual review? What is the juvenile’s burden of proof? What is the burden of proof of DYS? Care and Protection of Rashida, 488 Mass. 217 (2021)

  Hon. Brian P. Frane, Middlesex County Juvenile Court , Lowell
  Hon. David B. Paradis, Juvenile Court , Monson
  
• 4:16 pm - 4:27 pm

  Reasonable Basis to Stop a Juvenile

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  Did the police have a reasonable basis to stop the juvenile given the nature of the crime being investigated, the juvenile’s geographic and temporal proximity to the crime, and where the incident occurred in a high crime area? Commonwealth v. D.M., 100 Mass. App. Ct. 211 (2021)

  Hon. Joanna Rodriguez, Middlesex County Juvenile Court, Commonwealth of Massachusetts , Lowell
  Hon. David B. Paradis, Juvenile Court , Monson
  
• 4:27 pm - 4:48 pm

  Trial Advocacy Tips for Juvenile Proceedings and Concluding remarks by J. W. Carney, Jr.

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  Panel
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

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