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.
SJC Opinions
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.
Howell v. Brockton Division of the District Court Department (Lawyers Weekly No. 10-068-17)
Appellant failed to demonstrate why interlocutory ruling required immediate review rather than appeal from final judgment or other available remedies.
Cucinelli v. Commonwealth (Lawyers Weekly No. 10-069-17)
Appellate Division sentence increase beyond direct appeal reach; superintendence review properly denied where Legislature made decision final and adequate alternative remedy existed.
Perullo v. Advisory Committee on Personnel Standards (Lawyers Weekly No. 10-064-17)
District Court assistant clerk-magistrate terminated for chronic abuse of leave time and conduct unbecoming a court employee. Held: removal not arbitrary or capricious; due process satisfied.