Commonwealth v. Boyd (Lawyers Weekly No. 10-049-16)
Armed career criminal conviction reversed; second offender enhancement effectively dismissed by initial sentencing decision; resentencing on underlying crime affirmed.
SJC Opinions
Commonwealth v. Mercado (Lawyers Weekly No. 10-048-16)
Noncitizen defendant's motion for new trial based on ineffective assistance of counsel regarding deportation consequences of guilty plea to drug possession, remanded.
Public Employee Retirement Administration Commission v. Bettencourt (Lawyers Weekly No. 10-047-16)
Pension forfeiture upon criminal conviction constitutes a fine subject to Eighth Amendment excessive fines limits. Complete forfeiture of officer's $659,000 pension for misdemeanor computer crimes held unconstitutionally excessive.
Cooper v. Commonwealth (Lawyers Weekly No. 10-046-16)
Appeal denied where appellant failed to file new notice of appeal after receiving extension, though court expressed concern the appeal should have proceeded.
Commonwealth v. Mazariego (Lawyers Weekly No. 10-045-16)
Murder conviction affirmed; aggravated rape conviction dismissed as duplicative. Miranda statements properly obtained; interrogation techniques not coercive.
Van Liew v. Stansfield (Lawyers Weekly No. 10-044-16)
Anti-SLAPP appeals from District Court proceed directly to Appeals Court. Campaign speech criticizing elected official is protected political expression, not harassment.
Drummer Boy Homes Association, Inc. v. Britton, et al. (Lawyers Weekly No. 10-043-16)
Condominium association may file successive actions to establish multiple priority liens over first mortgage for unpaid common expenses spanning successive six-month periods.
Commonwealth v. Oliveira (and a companion case) (Lawyers Weekly No. 10-042-16)
Impoundment of lawfully parked vehicle unconstitutional where driver offered reasonable alternative and police ignored it.
Commonwealth v. Boucher (Lawyers Weekly No. 10-041-16)
First-degree murder conviction affirmed where jury instructions properly allowed consideration of voluntary intoxication evidence relating to extreme atrocity or cruelty theory.
Lasher v. Leslie-Lasher (Lawyers Weekly No. 10-040-16)
Divorced husband seeking relief from judgment through general superintendence petition must first demonstrate that ordinary appellate review is inadequate.