Commonwealth v. Tremblay (Lawyers Weekly No. 11-125-17)
Miranda waiver valid despite defendant's alcohol consumption when videotape shows alert, coherent defendant answering questions responsively with specific details.
Appeals Court Opinions
Commonwealth v. O’Leary (Lawyers Weekly No. 11-123-17)
Reversed motion to dismiss motor vehicle indictment despite six-week citation delay where serious accident injuries and oral notice of charges satisfied statute's purpose.
A.S.R. v. A.K.A. (Lawyers Weekly No. 11-124-17)
Extended harassment prevention order affirmed where defendant sent hundreds of electronic messages and made in-person appearances despite explicit requests to stop, using deceptive methods to circumvent blocking.
Commonwealth v. O’Donnell (Lawyers Weekly No. 11-122-17)
Administrative inspection warrant exceeded when officials converted regulatory inspection into criminal investigation for fraudulent electricity use.
Perry, et al. v. Aiello, et al. (Lawyers Weekly No. 11-121-17)
Beacon Hill passageway dispute. 1947 agreement restricting DeLuca property use expired after fifty years. Parking prohibited; daily trash loading allowed.
Commonwealth v. Ormond O., a juvenile (Lawyers Weekly No. 11-120-17)
Juvenile found delinquent of cocaine possession as front seat passenger in vehicle where back seat passenger possessed drugs. Affirmed; circumstantial evidence of joint venture sufficient.
J.C. v. J.H. (Lawyers Weekly No. 11-119-17)
Harassment prevention order affirmed; firearms surrender provision vacated. Threatening texts, physical pursuit, and workplace confrontation constitute harassment despite First Amendment claim.
Gallagher v. Cerebral Palsy of Massachusetts, Inc., et al. (Lawyers Weekly No. 11-117-17)
Personal care attendant cannot pursue wage claims against MassHealth fiscal intermediary that merely processes payroll and tax matters; consumer is the employer under applicable regulations.
Commonwealth v. Ecker (Lawyers Weekly No. 11-118-17)
Affirmed convictions for stalking and criminal harassment. Prison mail inspection reasonably related to legitimate penological interests. Malice does not require ill will or specific intent to harm.
Commonwealth v. Owens (Lawyers Weekly No. 11-116-17)
Officers conducting sting operation at suspected brothel justified in securing building from within to prevent evidence destruction while obtaining warrant.