Commonwealth v. Snyder (Lawyers Weekly No. 10-143-16)
Defendant convicted of first-degree murder in 1994 shooting. Affirmed eyewitness identifications and stocking cap evidence; remanded on sentencing motion.
SJC Opinions
Commonwealth v. DiBenedetto (Lawyers Weekly No. 10-142-16)
Affirmed denial of motion for new trial based on DNA evidence excluding victims as contributors to DNA on defendant's sneakers, given strength of eyewitness identification.
Limoliner, Inc. v. Dattco, Inc. (Lawyers Weekly No. 10-141-16)
Regulation requiring repair shops to document customer repair requests applies to business customers, not just consumers, based on definition of 'customer' and regulatory language.
Commonwealth v. Gonzalez (Lawyers Weekly No. 10-140-16)
Murder conviction reversed where circumstantial evidence that defendant drove getaway vehicle required piling inference on inference, and evidence of lethal intent was absent.
Parr, et al. v. Rosenthal (Lawyers Weekly No. 10-139-16)
Court adopts continuing treatment doctrine for medical malpractice, but limits its application. Statute of limitations begins when negligent physician ceases treatment and patient knows of harm.
Commonwealth v. Vargas (Lawyers Weekly No. 10-138-16)
Court reduces murder conviction to voluntary manslaughter where spontaneous altercation arose from victim's initial aggression and defendant's fear.
Barbosa v. Commonwealth (Lawyers Weekly No. 10-137-16)
Bail amount set by Superior Court judge not excessive merely because defendant cannot afford to post it or faces pretrial detention. Bail statute constitutional.
Commonwealth v. Herndon (Lawyers Weekly No. 10-136-16)
Defendant's murder conviction affirmed despite challenges to jury instructions on eyewitness identification, admission of prior identification through police testimony, and sister's sequestration from courtroom.
Deal, et al. v. Commissioner of Correction, et al. (Lawyers Weekly No. 10-135-16)
Department of Correction practice of blocking minimum security placement for juvenile homicide offenders absent positive parole vote violates statutory requirement for individualized consideration.
Gyulakian v. Lexus of Watertown, Inc., et al. (Lawyers Weekly No. 10-134-16)
Punitive damages against an employer for hostile work environment may be imposed when employer has notice of harassment but fails to investigate and remedy it adequately, and such failure is outrageous or egregious.