COMMONWEALTH vs. MICHAEL NOGUERA
Defendant convicted of first-degree murder admitted the killing but claimed self-defense and mental illness. Affirmed despite ineffective assistance and prosecutorial misconduct claims.
SJC Opinions
In the Matter of Moran, Robert C. (Lawyers Weekly No. 10-068-18)
Attorney suspended for fifteen months for charging excessive fees, misrepresenting estate assets under oath to probate court, drafting wills with substantial gifts to himself, and failing to maintain proper trust accounts for two elderly clients.
Carey, et al. v. Commissioner of Correction (Lawyers Weekly No. 10-067-18)
Canine drug searches of prison visitors do not violate existing regulations but do require APA notice-and-comment procedures because they substantially affect public procedures.
Commonwealth v. Tahlil (Lawyers Weekly No. 10-062-18)
Defendant must return surveillance DVD to prosecutor; self-incrimination claim and professional responsibility concerns do not justify withholding evidence prosecutor originally provided.
Commonwealth v. Escobar (Lawyers Weekly No. 10-063-18)
Affirmed Superior Court's denial of conviction vacation and Cotto order; allowed limited postconviction discovery regarding chemist's conduct.
A.F. v. D.F. (Lawyers Weekly No. 10-064-18)
Petitioner denied superintendence review of harassment prevention order; Appeals Court is proper venue for challenging such orders.
Vilbon v. Board of Registration in Nursing (Lawyers Weekly No. 10-065-18)
Nurse's license appeal becomes moot when board reinstates license; statute limits court review to reversing or affirming suspension decision only.
Myrick v. Superior Court Department (Lawyers Weekly No. 10-066-18)
Mandamus petition properly denied where complainant had adequate remedy through direct appeal of Superior Court dismissal.
Ramirez v. Commonwealth (Lawyers Weekly No. 10-060-18)
Stun gun possession ban violates Second Amendment; legislature may regulate through licensing or restrict prohibited persons but cannot absolutely prohibit civilians.
Commonwealth v. Richardson (Lawyers Weekly No. 10-061-18)
Medical marijuana patient's cultivation conviction reversed where jury instructions failed to require proof of intentional excess over sixty-day supply limit; possession with intent to distribute conviction affirmed.