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.
SJC Opinions
Commonwealth v. DePina; Commonwealth v. Monteiro (Lawyers Weekly No. 10-043-17)
Murder conviction affirmed where trial judge properly admitted grand jury testimony of witness claiming memory loss, finding feigned memory loss and no coercion after observing witness over multiple hearings.
City of Revere, et al. v. Massachusetts Gaming Commission (Lawyers Weekly No. 10-042-17)
Gaming license award challenged by unsuccessful applicant. Certiorari review available despite statutory bar to judicial review. Disappointed applicant has standing; host city and union do not. Open meeting law violations properly survived dismissal.
Commonwealth v. Crowley-Chester (Lawyers Weekly No. 10-041-17)
Impoundment of lawfully parked vehicle in high-crime area improper without additional factors showing reasonable necessity to prevent theft, vandalism, or public danger.
Commonwealth v. Tuschall (Lawyers Weekly No. 10-040-17)
Police entered apartment without warrant based on chemical odor complaint and missing girlfriend theory. Court held warrantless entries violated Fourth Amendment; evidence and statements properly suppressed.
Balles v. Babcock Power Inc. (Lawyers Weekly No. 10-039-17)
Court affirms executive's recovery where corporation failed to provide notice and opportunity to cure before terminating for cause under stockholders' agreement.
International Brotherhood of Electrical Workers Local No. 129 Benefit Fund v. Tucci, et al. (and eight companion cases) (Lawyers Weekly No. 10-038-17)
Shareholders suing over inadequate merger consideration must bring derivative claims on behalf of the corporation, not direct claims against directors, under Massachusetts law.
Commonwealth v. Blanchard (Lawyers Weekly No. 10-036-17)
When jurors are exposed to extraneous materials during deliberations, judge may remedy through individual voir dire and jury instruction rather than automatic mistrial.
Commonwealth v. Oberle (Lawyers Weekly No. 10-037-17)
Affirmed assault and battery and kidnapping convictions; peremptory challenge denial and prior bad act evidence properly admitted.
Commonwealth v. Long (Lawyers Weekly No. 10-035-17)
Trial counsel not ineffective for declining to introduce cell site location information that would have corroborated prosecution witness's presence at crime scene. Witness's testimony sufficiently attenuated from illegal wiretap.