Commonwealth v. Moffat (Lawyers Weekly No. 10-175-17)
Postconviction DNA testing motion denied where cigarette butts found 150-240 feet from victim's body unlikely to identify perpetrator.
SJC Opinions
Lawyers Committee for Civil Rights and Economic Justice v. Court Administrator of the Trial Court, et al. (Lawyers Weekly No. 10-176-17)
Public records petition dismissed as moot after Trial Court voluntarily produced all requested documents regarding security department demographics and hiring practices.
Leavitt v. Phillips, et al. (Lawyers Weekly No. 10-177-17)
Mandamus petition to assemble appellate record denied as premature where trial concluded but final judgment not yet entered and posttrial motions pending. Recusal motion also denied.
Great Divide Insurance Company v. Lexington Insurance Company (Lawyers Weekly No. 10-172-17)
When a primary policy's "other insurance" clause clearly states it is excess for vehicles the insured does not own, both that policy and a true excess umbrella policy cover the same level of risk.
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.
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.