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.
Category SJC Opinions
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)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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. Garcia (Lawyers Weekly No. 10-062-17)
Conviction reversed where stepdaughter improperly testified about defendant's alleged confession to defendant's wife, violating spousal disqualification rule.
Commonwealth v. Baldwin (Lawyers Weekly No. 10-063-17)
Excited utterance admissibility depends on multiple factors beyond apparent emotional state; calm voice does not bar 911 recording from evidence.
Commonwealth v. Tejeda (Lawyers Weekly No. 10-061-17)
Defendant charged with misleading police officer after swallowing suspected heroin in officer's presence. Court held conduct did not create false impression and did not send investigation astray.
Commonwealth v. Holland (Lawyers Weekly No. 10-060-17)
Murder conviction affirmed where trial counsel's decision to forgo insanity defense in favor of mental impairment defense based on intoxication was tactically reasonable given weak evidence of mental illness.
Gannon v. City of Boston (Lawyers Weekly No. 10-059-17)
Police officer restricted to desk duty after head injuries sued for disability discrimination. Court held the case requires proof of actual capability, not that employer's reasoning was pretextual, and remanded for trial.
Commonwealth v. Morgan (Lawyers Weekly No. 10-058-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Guardianship of K.N. (Lawyers Weekly No. 10-057-17)
Guardian lacks constitutional due process right to counsel in removal proceedings but court may appoint counsel under equitable powers.