Commonwealth v. Wolfe (Lawyers Weekly No. 10-163-17)
Judge erred instructing jury to disregard absent breathalyzer evidence over defendant's objection in OUI trial. Conviction vacated; new trial ordered.
Category SJC Opinions
Commonwealth v. Ehiabhi (Lawyers Weekly No. 10-164-17)
Court held statutory scheme punishing identical drug offense with different mandatory minimums is unambiguous and preserves prosecutorial charging discretion, rejecting lenity rule application and separation of powers challenge.
Commonwealth v. Dunn (Lawyers Weekly No. 10-162-17)
Murder conviction affirmed where jury could credit expert testimony that defendant with psychotic disorder retained capacity to appreciate wrongfulness and conform conduct despite mental illness.
Kiribati Seafood Company, LLC, et al. v. Dechert LLP (Lawyers Weekly No. 10-161-17)
Law firm negligent for failing to present available evidence to foreign court despite foreseeable legal error by appellate judges; reversed and remanded.
N.M., a juvenile v. Commonwealth (Lawyers Weekly No. 10-159-17)
Juvenile indicted as youthful offender; whether grand jury evidence supported serious bodily harm requirement. Reversed and remanded.
Commonwealth v. Perkins (Lawyers Weekly No. 10-160-17)
Search warrant affidavit established probable cause for drug transaction and nexus to defendant's residence for cellular phones and orange sweatshirt, but not for general drug-related evidence search.
Commonwealth v. Muckle (Lawyers Weekly No. 10-157-17)
Jurisdiction limited to intimidation of witnesses or jurors; other intimidation offenses must proceed in Superior Court based on express statutory language and legislative intent.
Commonwealth v. Castano (Lawyers Weekly No. 10-158-17)
Murder conviction affirmed where overwhelming evidence of premeditation and guilt rendered harmless any constitutional error in admitting postinvocation statements about the firearm.
Commonwealth v. Jones (Lawyers Weekly No. 10-156-17)
Affirmed convictions for sexual abuse of daughters. Defendant failed to establish good cause for pretrial discovery of privileged mental health records and failed to show bias or perception issues warranting cross-examination about prior conduct.
Smith, et al. v. City of Westfield, et al. (Lawyers Weekly No. 10-155-17)
Municipal parkland protected by Article 97 even without recorded restrictions when clearly and unequivocally dedicated by municipality and publicly accepted through use.