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.
SJC Opinions
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.
Commonwealth v. Shipps (Lawyers Weekly No. 10-183-17)
Murder conviction upheld. Defendant's motion to stay gatekeeper application pending transcript completion was properly denied where he had ample time and sufficient materials to file a comprehensive application.
Deal, et al. v. Commissioner of Correction (Lawyers Weekly No. 10-180-17)
Juvenile homicide offenders have statutory right not to be categorically barred from minimum security placement. Court remanded, requiring detailed override code explanations and mandatory hearing recordings.
Benjamin B., a juvenile v. Commonwealth (Lawyers Weekly No. 10-181-17)
Juvenile's petition for extraordinary review of judge's decision to reinstate arraignment and vacate expungement order denied; loss of privacy protections in typical juvenile proceeding insufficient for interlocutory review.
SCVNGR, Inc. v. Punchh, Inc. (Lawyers Weekly No. 10-179-17)
Remanded for analysis under state long-arm statute before addressing constitutional due process limits on personal jurisdiction over out-of-state defendant.
Guardianship of Duku Lado (Lawyers Weekly No. 10-178-17)
Court affirmed denial of petition seeking to stay temporary guardian appointment, finding adequate alternative remedies available and no exceptional circumstances warranting extraordinary relief.
Commonwealth v. Dew (Lawyers Weekly No. 10-174-17)
Defendant convicted of armed robbery after prompt showup identification. Court affirmed, holding police had good reason to conduct immediate identification and victim made unequivocal positive identification.