Commonwealth v. Grassie (Lawyers Weekly No. 10-006-17)
Murder conviction affirmed where evidence showed defendant invited fight, positioned himself to fight vastly outnumbered, carried concealed knife, and stabbed brothers with preexisting intent.
SJC Opinions
Oggiani v. Chief Justice of the Trial Court, et al. (Lawyers Weekly No. 10-007-17)
Deputy assistant register's removal upheld where statute gives register discretionary authority to remove designation with chief justice approval, and employee had no protected property interest.
Commonwealth v. Martinez (Lawyers Weekly No. 10-005-17)
Affirmed first-degree murder conviction where redacted news broadcast was properly admitted as context for defendant's confessions to shooting, given extensive redactions and limiting instructions.
Commonwealth v. Chism, et al. (Lawyers Weekly No. 10-004-17)
Affirmed. Video recording and transcript of police interrogation admitted at suppression hearing are judicial records presumptively open to public inspection despite defendant's fair trial concerns.
Commonwealth v. Resende (Lawyers Weekly No. 10-003-17)
Acquittal of felony-murder at second trial does not invalidate armed home invasion and assault convictions from first trial; different juries need not reach consistent verdicts.
Commonwealth v. Maguire (Lawyers Weekly No. 10-002-17)
Detective testified to disgust and concern for victims, but not personal shock. No evidence actual victims noticed or reacted. Vicarious concern insufficient for lewdness conviction.
Commonwealth v. Peterson (Lawyers Weekly No. 10-001-17)
School zone statute does not apply to drug offender who was passenger in vehicle momentarily stopped by red light adjacent to public park.
Retirement Board of Stoneham v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-189-16)
Municipal retirement board cannot unilaterally terminate part-time employee's membership once granted, absent one of the statutorily specified grounds for separation from service.
Moronta v. Nationstar Mortgage, LLC, et al. (Lawyers Weekly No. 10-190-16)
Consumer must serve demand letter under Chapter 93A unless defendant lacks place of business or assets in Massachusetts. "Or" means either condition suffices.
Chambers, et al. v. RDI Logistics, Inc., et al. (Lawyers Weekly No. 10-187-16)
Federal FAAAA preemption of Massachusetts independent contractor statute partially severed; prong two preempted as applied to motor carriers; prongs one and three remain enforceable; summary judgment reversed; remanded.