Commonwealth v. Cordero (Lawyers Weekly No. 10-097-17)
Traffic stop unlawfully extended beyond time needed to investigate traffic violations when officer lacked reasonable suspicion of criminal drug activity.
SJC Opinions
Rockland Trust Company v. Langone (Lawyers Weekly No. 10-098-17)
District Court may proceed with compulsory counterclaim exceeding $25,000; statute's $25,000 cap applies only to plaintiff's claims, not counterclaims.
Commonwealth v. Denton (Lawyers Weekly No. 10-099-17)
Conviction reversed where prosecution introduced prior drug convictions nineteen years old to rebut entrapment defense; staleness rendered evidence more prejudicial than probative.
Commonwealth v. Dayton (Lawyers Weekly No. 10-100-17)
Section 58A permits pretrial detention only when defendant has three prior OUI convictions, not two, under rule of lenity.
Commonwealth v. Pacheco (Lawyers Weekly No. 10-091-17)
Defendant's double jeopardy rights violated when court attempted to impose consecutive probation years after original sentence completion.
Daley v. Secretary of the Executive Office of Health and Human Services, et al.; Nadeau v. Director of the Office of Medicaid (Lawyers Weekly No. 10-092-17)
Medicaid applicants who transferred homes to irrevocable trusts while retaining use and occupancy or life estates were not disqualified from long-term care benefits based on home equity.
Commonwealth v. Lydon (Lawyers Weekly No. 10-089-17)
Judge may impose concurrent state prison sentence retroactively to credit time served on unrelated offense; judge must consider discretionary authority on remand.
Padmanabhan v. Yout (Lawyers Weekly No. 10-090-17)
Doctor's petition for extraordinary relief from denial of motion to dismiss in malpractice case affirmed; petitioner failed to follow required procedural rules.
Commonwealth v. McGrath (Lawyers Weekly No. 10-085-17)
Single justice's denial of leave to appeal is final and unreviewable; defendant cannot appeal gatekeeper ruling.
In the Matter of a Grand Jury Investigation (Lawyers Weekly No. 10-086-17)
Attorney sought to block search of digital devices on privilege grounds. Supreme Judicial Court dismissed appeal as moot after search was completed.