Commonwealth v. Vargas (Lawyers Weekly No. 10-113-16)
Medical marijuana law does not immunize probation violations occurring before defendant became a qualifying patient under the statute.
SJC Opinions
Commonwealth v. Diggs; Commonwealth v. Soto (Lawyers Weekly No. 10-112-16)
Defendants challenge pretrial detention orders under dangerousness statute. Court holds "held under arrest" includes any person arrested or subject to warrant for enumerated offense, regardless of custody status.
Commonwealth v. Wade (Lawyers Weekly No. 10-111-16)
Defendant seeking postconviction DNA testing satisfied statutory requirements by proving the requested analysis had not been developed at trial, eliminating need to establish any other enumerated reason.
Bellermann, et al. v. Fitchburg Gas and Electric Light Company (Lawyers Weekly No. 10-110-16)
Customers cannot establish economic injury under consumer protection law by claiming they overpaid for utility services based on the utility's failure to comply with emergency preparedness regulations when no emergency occurred during the relevant period.
Commonwealth v. Philbrook (Lawyers Weekly No. 10-109-16)
Murder conviction affirmed where prior bad act evidence properly admitted to show defendant's motive and state of mind, and juror misconduct claims rejected.
Commonwealth v. Abdallah (Lawyers Weekly No. 10-108-16)
Court affirms suppression of drugs found in backpack seized during arrest, holding the seizure unreasonable when practical alternatives existed.
Bowers v. P. Wile’s Inc. (Lawyers Weekly No. 10-107-16)
Mode of operation approach applies to self-service gravel display area where stones predictably migrate onto walkway, creating foreseeable tripping hazard.
Martinez v. Commonwealth (Lawyers Weekly No. 10-106-16)
Drug defendant's petition for discovery subpoena denied; extraordinary relief under G.L. c. 211, § 3 unavailable when discovery disputes can be addressed on direct appeal.
Commonwealth v. Resende (Lawyers Weekly No. 10-105-16)
Defendant seeking to withdraw guilty plea for drug distribution failed to establish egregious misconduct by Dookhan serving as setup operator for some samples, as opposed to chemist signing certificates.
Commonwealth v. Weaver (Lawyers Weekly No. 10-104-16)
Affirmed. Defendant's statements to police and his mother were voluntary despite prolonged questioning. Courtroom closure during jury selection violated the Sixth Amendment but did not warrant relief for ineffective assistance.