Commonwealth v. Broom (Lawyers Weekly No. 10-079-16)
Murder conviction affirmed. Cell site data warrant issue deemed not retroactive. Cell phone search erroneous but harmless. Juror note handling error harmless.
SJC Opinions
Commonwealth v. Resende (Lawyers Weekly No. 10-077-16)
Convictions resolved in a single prosecution count as one predicate offense under armed career criminal statute, even if offenses occurred on separate dates.
Commonwealth v. Hartfield (Lawyers Weekly No. 10-078-16)
Probationer's right to call witnesses in defense is distinct from right to confront witnesses whose hearsay is admitted. Judge erred in barring alleged victim's testimony solely because her hearsay was admitted.
Peterborough Oil Company, LLC v. Department of Environmental Protection (Lawyers Weekly No. 10-076-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Millien (Lawyers Weekly No. 10-075-16)
Defendant convicted of assault on six-month-old daughter with shaken baby syndrome injuries. Trial counsel ineffective for failing to retain medical expert to rebut prosecution's expert testimony. New trial ordered.
Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., et al. (Lawyers Weekly No. 10-074-16)
Attorney's gender discrimination and retaliation claims survive summary judgment based on evidence of disparate treatment, stereotypical comments, and temporal proximity to protected complaints.
Opinion of the Justices to the Senate (Lawyers Weekly No. 10-073-16)
The Justices declined to answer whether a bill making barrier beaches public property complies with takings provisions, citing ambiguous language and insufficiently developed facts.
Commonwealth v. Neves (Lawyers Weekly No. 10-072-16)
Defendant convicted of felony-murder in taxicab driver's death. Miranda waiver valid; some statements involuntary but harmless. Conviction affirmed.
Commonwealth v. Stevenson (Lawyers Weekly No. 10-071-16)
Sexual assault indictments based solely on hearsay grand jury testimony permissible absent extraordinary circumstances, even when direct testimony available.
Federal National Mortgage Association v. Rego, et al. (Lawyers Weekly No. 10-069-16)
Mortgagee's attorneys may conduct foreclosure without separate written authorization. Housing Court may hear consumer protection counterclaims in summary process if they affect possession rights.