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.
SJC Opinions
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.
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.
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.