Fergus v. Ross (Lawyers Weekly No. 10-127-17)
Attorney's loan agent lacked apparent authority to bind attorney regarding unsecured side loan; agent's knowledge not imputable to principal without proper agency relationship.
SJC Opinions
Commonwealth v. James (Lawyers Weekly No. 10-125-17)
Juvenile convicted of first-degree murder remains subject to postconviction gatekeeper provision despite resentencing to life with parole eligibility.
Commonwealth v. Field (Lawyers Weekly No. 10-126-17)
Murder conviction affirmed where trial counsel's failure to consult mental health expert was error but did not affect premeditation verdict given overwhelming independent evidence of planning.
D & H Distributing Company v. Commissioner of Revenue (Lawyers Weekly No. 10-124-17)
Wholesaler responsible for collecting sales tax on drop shipment transactions involving out-of-state retailers; dormant commerce clause challenge rejected.
Lunn v. Commonwealth, et al. (Lawyers Weekly No. 10-123-17)
Massachusetts courts lack authority to arrest and detain individuals based on federal civil immigration detainers. The removal process is civil, not criminal, and common law authorizes arrests only for criminal offenses.
Commonwealth v. Hammond (Lawyers Weekly No. 10-122-17)
Woman convicted of statutory rape of three boys challenges confession, video evidence, and prosecutor's closing argument. Court upholds conviction. Sex offender registration statute does not violate due process at initial submission stage.
Commonwealth v. Veiovis (Lawyers Weekly No. 10-121-17)
Murder convictions affirmed where circumstantial evidence supported jury's finding of defendant's knowing participation in joint venture to commit three murders.
Barbuto v. Advantage Sales and Marketing, LLC, et al. (Lawyers Weekly No. 10-120-17)
Employee with Crohn's disease terminated for lawful medical marijuana use may bring handicap discrimination claim; employer must explore reasonable accommodations.
Commonwealth v. Cooley (Lawyers Weekly No. 10-119-17)
First-degree murder conviction under felony-murder doctrine affirmed where evidence supported defendant's participation in armed robbery as joint venturer, despite nondisclosed statement from alleged shooter.
City of Boston v. Boston Police Patrolmen’s Association (Lawyers Weekly No. 10-118-17)
Arbitrator ordered reinstatement of officer who applied chokehold, finding no misconduct. Court affirmed despite public policy concerns about excessive force.