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.
SJC Opinions
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.
Commonwealth v. Brown (Lawyers Weekly No. 10-151-17)
Defendant supplied gun and hooded sweatshirts to accomplices planning armed robbery and home invasion. Though not present when accomplices fatally shot two victims, defendant convicted of felony-murder. Court reduced convictions to second-degree murder as more just.
Commonwealth v. Gerhardt (Lawyers Weekly No. 10-150-17)
Police may describe a driver's performance on roadside sobriety assessments in marijuana DUI cases as factual observations, not scientific tests, and may not opine the driver was impaired.
Commonwealth v. Aldana (Lawyers Weekly No. 10-149-17)
Convictions for possessing thermite ingredients vacated where Commonwealth failed to prove defendant lacked lawful authority to possess the materials or that applicable regulations required a permit.
Beacon Residential Management, LP v. R.P. (Lawyers Weekly No. 10-148-17)
Mother may intervene in eviction action brought against her family, claiming domestic violence prevented her from being named on lease and that eviction is retaliatory.
Koshy v. Sachdev (Lawyers Weekly No. 10-147-17)
First interpretation of Massachusetts corporate dissolution statute. Court held that equal shareholders in deadlocked corporation satisfied statutory test for "true deadlock" but dissolution remained discretionary remedy.
Commonwealth v. Wiggins (and 28 companion cases) (Lawyers Weekly No. 10-146-17)
Affirmed convictions for first-degree murder and home invasion; remanded nonmurder sentences for resentencing based on juvenile status.
Commonwealth v. Villagran (Lawyers Weekly No. 10-145-17)
Police officer's pat-frisk and search of nonstudent's backpack at high school violated Fourth Amendment; officer lacked reasonable suspicion and probable cause.