Washington v. Gagliani (Lawyers Weekly No. 10-077-17)
Medical malpractice tribunal decision in federally-filed case; state courts lack jurisdiction to hear appeal after remand to federal court.
Category SJC Opinions
Federal National Mortgage Association v. Marroquin, et al. (Lawyers Weekly No. 10-074-17)
Foreclosure notice must strictly comply with mortgage terms. Pinti rule applies to trial-court cases where issue fairly raised before decision issued.
Commonwealth v. Rosario (Lawyers Weekly No. 10-075-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Garvey (Lawyers Weekly No. 10-073-17)
Habitual offender statute requires two prior convictions to arise from separate criminal episodes. Grand jury did not hear evidence supporting separate incidents.
Commonwealth v. Leslie (and five companion cases) (Lawyers Weekly No. 10-072-17)
Warrantless search of multifamily home's side yard violated Fourth Amendment. Side yard curtilage entitled to constitutional protection regardless of housing type.
Commonwealth v. Fulgiam (and 13 companion cases) (Lawyers Weekly No. 10-071-17)
Murder convictions affirmed where cell site data was properly obtained and text message evidence, though unlawfully obtained, did not create substantial likelihood of miscarriage of justice given strong fingerprint and circumstantial evidence.
Commonwealth v. Colton (Lawyers Weekly No. 10-070-17)
SJC affirms first-degree murder conviction for stabbing death. Statement to police held voluntary despite defendant's mental condition. Bat and knives admissible on premeditation theory.
Schumacher v. Commonwealth (Lawyers Weekly No. 10-065-17)
Temporary commitment to treatment center pending probable cause hearing does not warrant emergency interlocutory review when claims can be raised on appeal.
Pare v. Harmony House, Inc. (Lawyers Weekly No. 10-066-17)
Supreme Judicial Court affirms denial of petition challenging an Appeals Court decision regarding appeal bond waiver, finding inadequate record and failure to preserve arguments.
Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-067-17)
Defendant's petition for extraordinary relief denied for failure to comply with procedural requirements and lack of merit; discovery and recusal issues adequately reviewable on direct appeal.