Minkina v. Frankl, et al. (Lawyers Weekly No. 10-061-13)
Supreme Judicial Court affirmed denial of general superintendence relief sought after Superior Court judge denied motions to amend complaint and supplement discovery responses.
SJC Opinions
Bar Counsel v. Farber (Lawyers Weekly No. 10-062-13)
Absolute immunity under S.J.C. Rule 4:01, § 9 protects bar disciplinary complainants and witnesses from civil liability for complaints, communications, and testimony given to bar counsel and hearing committees, even if the disciplinary proceedings are public.
Commonwealth v. Pacheco (Lawyers Weekly No. 10-060-13)
Trooper smelling marijuana and finding small bag in vehicle lacked probable cause to search trunk without warrant where no criminal amount of marijuana was discovered.
Commonwealth v. Palmer (Lawyers Weekly No. 10-057-13)
Cultivation of marijuana remains a criminal offense under state law even when the amount cultivated weighs one ounce or less, despite decriminalization of simple possession.
Commonwealth v. Daniel (Lawyers Weekly No. 10-058-13)
Police searched vehicle glove box after detecting marijuana odor and finding two small bags. Court suppressed firearm evidence, holding smell of marijuana alone insufficient after decriminalization and officer-safety justification inadequate.
Commonwealth v. Jackson (Lawyers Weekly No. 10-059-13)
Officers lacked probable cause to arrest defendant for social sharing of marijuana decriminalized by 2008 initiative; warrantless search violated Fourth Amendment.
GMAC Mortgage, LLC v. First American Title Insurance Company (Lawyers Weekly No. 10-056-13)
Title insurer defending reformation suit need not pay defense costs for homeowner's emotional distress and deceptive practices claims arising from foreclosure.
LeBaron v. Commonwealth (Lawyers Weekly No. 10-055-13)
Defendant with counsel in pending criminal appeal has no right to hybrid representation or to file pro se motions in appellate court.
Merriam, et al. v. Demoulas Super Markets, Inc., et al. (Lawyers Weekly No. 10-054-13)
Shareholders in close corporation satisfied fiduciary duties by complying with contractual stock transfer restrictions in articles of organization; no duty to preserve S corporation status or reoffer shares to corporation.
Commonwealth v. Butler (Lawyers Weekly No. 10-053-13)
Speedy trial right attaches upon issuance of criminal complaint. When charges are dismissed and reinstated, delay clock resumes rather than resets. Over ten years of delay did not violate speedy trial right under Barker analysis.