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.
SJC Opinions
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.
Commonwealth v. Muller (Lawyers Weekly No. 10-117-17)
Defendant convicted of murder admitted shooting victims but claimed mental illness and drug addiction rendered him not criminally responsible. Court affirmed despite erroneous jury instruction on voluntaryintoxication and mental illness.
Commonwealth v. Hebb (Lawyers Weekly No. 10-116-17)
Double jeopardy does not bar retrial on alternative OUI theory where jury acquitted on one theory but mistrialed on another distinct theory.
Commonwealth v. Mora (Lawyers Weekly No. 10-115-17)
Search warrant for safe lacked probable cause where affidavit failed to connect drug dealing or other criminal activity to the safe specifically or to the defendant personally.
Commonwealth v. Sanborn (Lawyers Weekly No. 10-114-17)
Civil abuse prevention order cannot be served through warrantless motor vehicle stop absent independent constitutional justification. Statute requires reasonable service methods complying with Fourth Amendment.
Zagranski v. Commonwealth (Lawyers Weekly No. 10-112-17)
Petition for extraordinary relief denied. Single justice's denial of leave to appeal is final and unreviewable; ineffective assistance claim must proceed in trial court.
Commonwealth v. Littles (Lawyers Weekly No. 10-113-17)
Conviction for larceny by uttering bad checks affirmed despite unconstitutional jury instruction on prima facie evidence of knowledge and fraudulent intent.
Padmanabhan v. Board of Registration in Medicine, et al. (Lawyers Weekly No. 10-111-17)
Medical Board disciplinary proceedings; whether magistrate's recommended decision became final absent Board action within 180 days; proper standard for judicial review.