Commonwealth v. Gulla (Lawyers Weekly No. 10-053-17)
Murder conviction affirmed where trial counsel's tactical choice of diminished capacity over lack of criminal responsibility defense was reasonable, and jury instructions properly refused.
SJC Opinions
Commonwealth v. Sanchez (Lawyers Weekly No. 10-052-17)
Murder conviction affirmed where circumstantial evidence showed motive, proximity to victim's home, matching injuries, DNA evidence, and contradictory statements to police.
State Board of Retirement v. Finneran, et al. (Lawyers Weekly No. 10-051-17)
Former House Speaker's pension forfeited for obstruction of justice conviction tied to false testimony about his role in redistricting process. Eighth Amendment excessive fines claim rejected.
Commonwealth v. Squires; Commonwealth v. Angier (Lawyers Weekly No. 10-050-17)
Conviction for possessing burglarious instruments reversed where Commonwealth failed to prove intent to use ordinary tools for burglary despite suspicious circumstances.
Shrine of Our Lady of La Salette Inc. v. Board of Assessors of Attleboro (Lawyers Weekly No. 10-049-17)
Religious shrine's welcome center and maintenance building exempt as connected with religious worship; safe house and wildlife sanctuary taxable despite charitable use.
Commonwealth v. Dragotta (Lawyers Weekly No. 10-048-17)
Mother convicted of recklessly permitting boyfriend to assault infant daughter. Conviction reversed where evidence showed mother had no reason to suspect serious injury.
Chitwood v. Vertex Pharmaceuticals, Inc. (Lawyers Weekly No. 10-046-17)
Shareholder has proper purpose to inspect corporate records when he identifies specific facts suggesting possible wrongdoing, without proving actual misconduct occurred.
Ferri, et al. v. Powell-Ferri, et al. (Lawyers Weekly No. 10-047-17)
Trustees of an irrevocable trust may decant assets to another trust when authorized by the trust instrument's language and the settlor's intent, discerned from the document as a whole and extrinsic evidence.
Commonwealth v. Rutherford (Lawyers Weekly No. 10-045-17)
Affirmed murder conviction despite prosecutor's inappropriate closing remarks about victim's final moments and expert witness, given overwhelming evidence and proper jury instructions.
In the Matter of N.L. (Lawyers Weekly No. 10-044-17)
Civil commitment and involuntary medication hearings require judges to grant first continuance requests when denial would prejudice defense preparation.