B.C. v. F.C. (Lawyers Weekly No. 11-134-16)
Abuse prevention order obtained during plaintiff's psychotic episode cannot be expunged from domestic violence registry absent clear evidence of intentional fraud on the court.
Appeals Court Opinions
Commonwealth v. Rodriguez (Lawyers Weekly No. 11-132-16)
Excited utterance statements by domestic violence victim to police officer were testimonial but admissible because defendant had adequate prior opportunity to cross-examine victim at pretrial dangerousness hearing.
Niedner v. Ortho-McNeil Pharmaceutical, Inc., et al. (Lawyers Weekly No. 11-131-16)
Manufacturer of hormonal birth control patch adequately warned of increased blood clot risk through multiple, plain-language disclosures in product insert.
Commonwealth v. Pearson (Lawyers Weekly No. 11-130-16)
Search warrant upheld as independent source despite preceding unlawful arrest. Homeowner statements sufficiently attenuated from initial illegality.
Commonwealth v. Waller (Lawyers Weekly No. 11-129-16)
Conviction for starving a dog affirmed; probation condition prohibiting animal ownership upheld; random warrantless home inspection condition vacated and remanded.
Commonwealth v. Wood (Lawyers Weekly No. 11-128-16)
Defendant convicted of assault with dangerous weapon challenging admission of PowerPoint compilation of prior evidence and jury instruction on absence of justification. Affirmed.
Commonwealth v. Coutu (Lawyers Weekly No. 11-127-16)
Defendant convicted of attempted arson under statute defining attempt to burn property as placing flammable materials with intent eventually to set fire, regardless of success.
Commonwealth v. Smith (Lawyers Weekly No. 11-126-16)
Defendant entitled to evidentiary hearing on Brady claims, recorded attorney-client calls, and witness credibility issues despite years-long delay in raising new trial motion.
Commonwealth v. Iacoviello (and three companion cases) (Lawyers Weekly No. 11-125-16)
Convictions vacated where trial judge erred in refusing to instruct jury on self-defense, voluntary manslaughter, and involuntary manslaughter in fatal shooting case.
Trychon v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 11-124-16)
Employee stated plausible whistleblower retaliation claim under G.L. c. 149, § 185 by alleging disclosures of contract fraud and unsafe track conditions and subsequent retaliatory termination.