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.
SJC Opinions
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)
Murder conviction affirmed despite improper admission of unrelated weapons evidence. Reasonable provocation instruction properly denied when victim ended relationship hours before shooting.
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.
Commonwealth v. Navarro (Lawyers Weekly No. 10-062-16)
Affirmed convictions where counsel failed to request eyewitness identification instruction but evidence of guilt was overwhelming based on accomplice testimony and corroborating evidence.
Guardianship of J.T. (Lawyers Weekly No. 10-061-16)
Mother sought to remove guardian and regain custody of child. Court discharged appeal as moot after parties resolved dispute through mediation.
L.B., et al. v. Chief Justice of the Probate and Family Court Department, et al. (Lawyers Weekly No. 10-060-16)
Indigent parents have a constitutional right to appointed counsel when petitioning to remove guardians or modify visitation, provided they present meritorious claims.