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.
SJC Opinions
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.
E & J Properties, LLC v. Medas, et al. (Lawyers Weekly No. 10-050-13)
Zoning board properly reversed building inspector's cease-and-desist order where variance decision lacked express time requirement for demolition, even though board contemplated eventual full demolition.
Belanger v. Cuffe, et al. (Lawyers Weekly No. 10-051-13)
Elderly father's guardianship and conservatorship proceeding. Daughter's petition for supervisory review denied where adequate alternative remedies existed in trial and appellate courts.
Sellers v. Commonwealth (Lawyers Weekly No. 10-052-13)
Self-represented defendant's petition for new trial languished unresolved in trial court for two years. Appellate court affirmed denial of relief but ordered investigation into delay.
Commonwelth v. Robideau (Lawyers Weekly No. 10-047-13)
Murder and robbery conviction from 1964 upheld; defendant's motion for new trial denied where counsel was not ineffective for failing to pursue direct appeal.
Commonwealth v. Winfield (Lawyers Weekly No. 10-048-13)
Court reporter's backup audio recording of trial not a judicial document subject to First Amendment or common-law public access rights where official transcript available.