Commonwealth v. Villalobos (Lawyers Weekly No. 10-171-17)
Trial judge failed to question jurors who reportedly fell asleep during testimony, creating serious doubt about fair trial and requiring reversal.
SJC Opinions
Phillips v. Equity Residential Management, L.L.C. (Lawyers Weekly No. 10-169-17)
Security deposit forfeiture for faulty itemized damage list does not trigger treble damages provision absent improper deductions under authorized categories.
In the Matter of Corbett (Lawyers Weekly No. 10-170-17)
Attorney disbarred for intentional misappropriation of client funds totaling approximately $91,885.93 across multiple clients, with findings of insincerity and lack of remorse.
Commonwealth v. Keown (Lawyers Weekly No. 10-168-17)
Affirmed murder conviction for poisoning. Laptop warrant had adequate probable cause and particularity despite typographical error and lack of search protocols.
Care and Protection of Walt (Lawyers Weekly No. 10-167-17)
Supreme Judicial Court clarifies when the Department of Children and Families must make reasonable efforts to prevent child removal from parents, rejecting exigent circumstances as an excuse where statutory exceptions do not apply.
Commonwealth v. Kolenovic (Lawyers Weekly No. 10-166-17)
Murder conviction affirmed. Ineffective assistance, improper argument, jury instructions, and evidentiary claims all rejected.
Ajemian, et al. v. Yahoo!, Inc. (Lawyers Weekly No. 10-165-17)
Personal representatives of a deceased email account holder may provide lawful consent under the Stored Communications Act for disclosure to manage estate property.
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.
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.