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.
SJC Opinions
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.
Commonwealth v. Mattier (Lawyers Weekly No. 10-059-16)
Defendant convicted of conspiracy and fraud sought stay of sentence pending appeal. Court upheld denial of stay where evidence was lawfully obtained and defendant failed to show reasonable possibility of successful appeal.
Bayless v. TTS Trio Corporation, et al. (Lawyers Weekly No. 10-058-16)
Affidavit based on information and belief sufficient to satisfy dram shop statute; need not be based on personal knowledge or meet summary judgment standard.
Meikle v. Nurse (Lawyers Weekly No. 10-057-16)
Tenant may assert security deposit law violation as defense to eviction, potentially retaining possession by offsetting damages or paying balance due within one week.
DiMasi v. State Board of Retirement, et al. (Lawyers Weekly No. 10-056-16)
Pension forfeiture upon final conviction requires sentencing, not completion of appeals. Member entitled to return of withheld employee contributions plus interest.
Robert and Ardis James Foundation, et al. v. Meyers (Lawyers Weekly No. 10-055-16)
Breach of implied covenant of good faith and fair dealing in stock purchase agreement where investor refused to discuss sale despite repeated requests and collected dividends indefinitely.
Commonwealth v. Allen (Lawyers Weekly No. 10-054-16)
Murder conviction reversed due to erroneous jury instructions on excessive force in defense of another; firearms convictions affirmed.
Commonwealth v. Amado (Lawyers Weekly No. 10-053-16)
Strip search of defendant's genital area during traffic stop lacked probable cause and was unreasonable; conviction reversed and suppressed.