Commonwealth v. Scott (Lawyers Weekly No. 10-025-13)
Assault conviction reversed where medical records documenting liver laceration lacked expert testimony explaining the injury's severity and functional impact.
SJC Opinions
O’Neill v. School Committee of North Brookfield, et al. (Lawyers Weekly No. 10-019-13)
School superintendent's employment contract providing for postretirement health insurance reimbursement does not violate six-year limit on superintendent contracts under G.L. c. 71, § 41.
Commonwealth v. Morales (Lawyers Weekly No. 10-017-13)
Prosecution may introduce prior violent acts evidence of self-defense claimant to rebut victim's violent history evidence, but only with advance notice and careful judicial gatekeeping.
Jones, et al. v. Boykan, et al. (Lawyers Weekly No. 10-016-13)
Default judgment for civil rights violations remanded for proper damages assessment where award lacked evidentiary support.
Commonwealth v. Perella (Lawyers Weekly No. 10-015-13)
Complaint filed within statute of limitations does not toll time for indictment in armed robbery case; indictment must be found and filed within ten years.
Shapiro, et al. v. City of Worcester (Lawyers Weekly No. 10-014-13)
Homeowners' nuisance claims against Worcester for sewage discharge not barred by presentment requirement applied retroactively or by municipal immunity provisions.
Commonwealth v. McGowan (Lawyers Weekly No. 10-011-13)
Storage law requiring secured firearms when not under owner's control does not violate Second Amendment rights of self-defense in the home.
Commonwealth v. Reyes (Lawyers Weekly No. 10-012-13)
Storage statute is not unconstitutionally vague and does not violate the Second Amendment. Reversed conviction under carrying statute due to insufficient evidence. Reversed storage conviction due to deficient jury instruction on locked container requirement.
Commonwealth v. Yardley Y., a juvenile (Lawyers Weekly No. 10-013-13)
Juvenile's motion to vacate plea denied where he failed to prove absence of interpreter or ineffective assistance of counsel despite lengthy delay and destroyed records.