Commonwealth v. Brangan (Lawyers Weekly No. 10-124-16)
Mistrial order granted after jury verdict remains unappeallable when motion was brought before verdict; judge's deferral of ruling served judicial efficiency and fairness.
SJC Opinions
The First Marblehead Corporation, et al. v. Commissioner of Revenue (Lawyers Weekly No. 10-122-16)
Tax assessment of holding company with securitized student loans upheld; apportionment formula passes internal consistency test under dormant commerce clause.
Clay v. Massachusetts Parole Board (Lawyers Weekly No. 10-123-16)
Retroactive application of parole supermajority requirement violated Ex Post Facto Clause as applied to juvenile lifer who received sufficient votes under earlier law.
Marchand v. Department of Correction, et al. (Lawyers Weekly No. 10-121-16)
Assault pay for state employees injured by patients or prisoners ceases upon separation from employment, even if workers' compensation continues.
Commonwealth v. Flores Lopez (Lawyers Weekly No. 10-120-16)
Defendant indicted for cocaine trafficking and school-zone drug crimes sought interlocutory appeal after judge denied suppress motion. Single justice denied leave to appeal; defendant appealed that denial. Appeal dismissed; no right to full-court review of single-justice denials.
Commonwealth v. Ruffin (Lawyers Weekly No. 10-118-16)
Defendant's guilty pleas not invalidated where Annie Dookhan tested substances after plea accepted, since misconduct postdating pleas cannot retroactively induce them.
Felton v. Commonwealth (Lawyers Weekly No. 10-119-16)
Petition to stay reinstated sentences pending U.S. Supreme Court certiorari petition denied; Appeals Court, not Supreme Judicial Court, has jurisdiction.
Schubert v. Committee for Public Counsel Services (Lawyers Weekly No. 10-117-16)
Attorney's superintendence petition regarding fee dispute dismissals denied where direct appeal and interlocutory review provided adequate alternative remedies.
Commonwealth v. Henry (Lawyers Weekly No. 10-116-16)
Restitution must account for defendant's ability to pay and cannot justify extended probation. Retail theft damages measured by replacement value unless Commonwealth proves items would have sold.
Pfannenstiehl v. Pfannenstiehl (Lawyers Weekly No. 10-114-16)
Discretionary trust interest held too speculative for division in divorce; trustee discretion over open beneficiary class prevents fixed enforceable right.