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.
SJC Opinions
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)
Veteran charged with OUI second offense may pursue pretrial diversion under VALOR Act, with possibility of dismissal or continuance without finding upon successful completion.
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.
Commonwealth v. Felix (Lawyers Weekly No. 10-056-17)
First-degree murder conviction affirmed where evidence of weeks of marital discord, premeditated messaging, calendar entry for "Judgment Day," methodical entry into home, and three-to-five minute ligature strangulation negated heat-of-passion defenses.
In the Matter of Zak, David (Lawyers Weekly No. 10-055-17)
Attorney disbarred for systematic exploitation of vulnerable mortgage foreclosure clients through deceptive advertising, illegal advance fees, unauthorized fee-sharing with nonlawyers, and refusal to return unearned fees.
Commonwealth v. Ackerman (Lawyers Weekly No. 10-054-17)
Blood alcohol test from hospital records admissible in DUI prosecution when administered as part of patient's medical treatment following accident.