Peterson v. Commonwealth (Lawyers Weekly No. 10-191-17)
Erroneous convictions statute eligibility requires reversal on grounds tending to establish innocence, not merely police misconduct or procedural error.
SJC Opinions
Commonwealth v. Vazquez (Lawyers Weekly No. 10-192-17)
First-degree murder conviction affirmed. CSLI records harmless; prior bad act evidence erroneous but harmless; transferred intent instruction proper.
Ewing v. Davenport-Mello, et al. (Lawyers Weekly No. 10-190-17)
Inmate's petition seeking to compel filing of notice of appeal dismissed as moot after notice was docketed and record assembled.
Commonwealth v. Morin (Lawyers Weekly No. 10-188-17)
Defendant convicted of felony murder is entitled to new trial where trial counsel failed to file motion to suppress improperly searched cellular telephone; search warrant affidavit lacked probable cause.
Commonwealth v. Facella (Lawyers Weekly No. 10-189-17)
Murder conviction affirmed where defendant's interferon-defense rebutted by evidence of pre-treatment violence against former girlfriends, despite temporal remoteness of incidents.
Commonwealth v. J.A., a juvenile (Lawyers Weekly No. 10-187-17)
Youthful offender statute's "serious bodily harm" language does not encompass harm to animals. Court affirmed dismissal of indictments but noted Commonwealth could pursue delinquency complaint.
Commonwealth v. Sullivan (Lawyers Weekly No. 10-186-17)
Affirmed. DNA match evidence from CODIS database was inadmissible hearsay but harmless error; nondisclosed proficiency test failures by lab analyst did not warrant new trial.
Brangan v. Commonwealth (Lawyers Weekly No. 10-185-17)
Double jeopardy does not bar retrial after mistrial when sufficient evidence supports guilt and prosecutor misconduct, though serious, does not constitute knowing misrepresentation warranting dismissal.
135 Wells Avenue, LLC v. Housing Appeals Committee, et al. (Lawyers Weekly No. 10-184-17)
Restrictive covenant owned by city is property interest beyond zoning board's authority to modify under affordable housing statute, even when covenant prevents affordable housing development.
Care and Protection of a Minor (Lawyers Weekly No. 10-182-17)
Father seeks relief from care and protection proceeding denial; late appeal motion denied. Affirmed, finding no abuse of discretion.