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.
SJC Opinions
In the Matter of an Application for a Criminal Complaint (Lawyers Weekly No. 10-088-17)
Police officer's petition for extraordinary relief denied where clerk-magistrate twice denied criminal complaint application and rehearing by judge remained available.
Commonwealth v. Robinson (Lawyers Weekly No. 10-087-17)
Gatekeeper appeal from denial of seventh motion for new trial dismissed; final, unreviewable nature of single justice gatekeeper decisions reaffirmed.
Deputy Chief Counsel for the Public Defender Division of the Committee for Public Counsel Services, et al. v. Acting First Justice of the Lowell Division of the District Court Department (Lawyers Weekly No. 10-084-17)
CPCS has sole statutory authority to assign counsel for indigent defendants. Judges cannot bypass this authority or categorically exclude CPCS attorneys, even in specialized drug courts.
Blanchard, et al. v. Steward Carney Hospital, Inc., et al. (Lawyers Weekly No. 10-082-17)
Anti-SLAPP statute applied to hospital's public statements about fired nurses. Court held statements to Boston Globe were protected petitioning but internal email was not. Broadened statutory protection for nonmoving parties' meritorious claims.
477 Harrison Ave., LLC v. JACE Boston, LLC, et al. (Lawyers Weekly No. 10-083-17)
Anti-SLAPP motion in property dispute between neighboring developers. Court held that while some petitioning activity lacked reasonable basis, abuse of process claim required remand for plaintiff to show claim was not primarily brought to chill legitimate petitioning.
Commonwealth v. Montrond (Lawyers Weekly No. 10-081-17)
Murder conviction affirmed despite trial counsel's unreasonable failure to present intoxication evidence, where motive evidence was overwhelming and other errors were harmless.
Benoit v. City of Boston (and a consolidated case) (Lawyers Weekly No. 10-080-17)
Workers' compensation benefits do not constitute "compensation" under a statute prohibiting suspended public employees from receiving compensation during suspension, because such benefits are not paid in return for services rendered.
Crowell v. Massachusetts Parole Board (Lawyers Weekly No. 10-078-17)
Parole Board must consider reasonable accommodations for disabled prisoners and may not categorically exclude them based on disability.
Modica v. Sheriff of Suffolk County, et al. (Lawyers Weekly No. 10-079-17)
Correction officer's stress-induced heart palpitations from breaking up inmate fights do not constitute "bodily injury" entitling him to statutory supplemental compensation.