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.
SJC Opinions
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.
Goodwin v. Lee Public Schools, et al. (Lawyers Weekly No. 10-133-16)
Student suspended based on alleged felony charge that was never issued may pursue tort damages without exhausting administrative remedies under felony-charge suspension statute.
Commonwealth v. Mayotte (Lawyers Weekly No. 10-131-16)
Defendant convicted of sexual abuse of adopted son may offer first complaint evidence under neutral doctrine. Reckless endangerment conviction vacated.
Commonwealth v. Hernandez (Lawyers Weekly No. 10-132-16)
Search warrant may issue for cellular phone held by defense counsel once it no longer serves legal advice purposes and data can be downloaded in hours.