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.
SJC Opinions
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.
Commonwealth v. Beal (Lawyers Weekly No. 10-070-16)
Conviction for shooting affirmed; duplicative assault conviction and armed career criminal enhancement reversed. Residual clause of Massachusetts ACCA held unconstitutionally vague.
Guardianship of B.V.G. (Lawyers Weekly No. 10-068-16)
Grandfather entitled to intervene in guardianship proceedings as "interested person" seeking to limit father-guardian's restrictions on their contact, where daughter expressed desire for relationship with him.
Commonwealth v. Valentin (Lawyers Weekly No. 10-067-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Kain, et al. v. Department of Environmental Protection (Lawyers Weekly No. 10-066-16)
Department of Environmental Protection must promulgate regulations establishing binding volumetric limits on greenhouse gas emissions from multiple sources that decline annually, not merely rates or aspirational targets.
Commonwealth v. Mattier (and five companion cases) (Lawyers Weekly No. 10-065-16)
Defendants attempted to defraud One Fund Boston of approximately two million dollars by falsely claiming a deceased aunt was injured in the Boston Marathon bombing. Court vacates identity fraud conviction but affirms attempted larceny and conspiracy convictions.
Commonwealth v. Miranda (Lawyers Weekly No. 10-064-16)
Court affirmed denial of postconviction relief, holding that Commonwealth v. Zanetti principles apply retroactively to joint venture liability claims without violating ex post facto or due process rights.
Ainooson v. Department of Correction (Lawyers Weekly No. 10-063-16)
Petition for extraordinary relief under G.L. c. 211, § 3 properly denied when petitioner had adequate alternative remedies through normal appellate process.