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.
SJC Opinions
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.
Commonwealth v. Rakes (Lawyers Weekly No. 10-154-17)
Affirmed murder convictions of joint venturer in 1987 armed robbery and shooting based on sufficient grand jury evidence and admissible hearsay statements by coventure identifying defendant.
Koe v. Commissioner of Probation, et al. (Lawyers Weekly No. 10-153-17)
Sex offender denied sealing of criminal record under law prohibiting sealing by anyone ever classified as level two offender. Court held retroactive prohibition unreasonable as applied.
Young v. Young (and a consolidated case) (Lawyers Weekly No. 10-152-17)
Remanded. Wife's alimony limited to marital standard of living at separation, not anticipated future income growth. Percentage-based formula reversed.