Commonwealth v. Depiero (Lawyers Weekly No. 10-002-16)
Anonymous 911 call reports erratic driving. Officer corroborates details through location matching and defendant's probation history. Stop justified by reasonable suspicion.
SJC Opinions
Magazu, et al. v. Department of Children and Families (Lawyers Weekly No. 10-001-16)
Department properly denied foster parent application based on applicants' use of corporal punishment, even though applicants agreed to comply with explicit prohibition on such discipline.
Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-208-15)
Defendant's appeal of single justice's rejection of superintendence petition affirmed for noncompliance with Rule 2:21 and availability of adequate alternative remedy.
Commonwealth v. Gonzalez (Lawyers Weekly No. 10-207-15)
First-degree murder conviction affirmed where eyewitness identifications, DNA evidence, and flight contradicted defendant's weak alibi and uncalled witnesses.
Commonwealth v. Kaeppeler (Lawyers Weekly No. 10-206-15)
Police entry to check defendant's well-being was constitutional, but seizure of tequila bottles after he departed for hospital was unreasonable and evidence must be suppressed.
Commonwealth v. Hernandez (Lawyers Weekly No. 10-205-15)
Armed robbery and home invasion murders; warrantless vehicle search; inevitable discovery; joint trial joinder.
Wing v. Commissioner of Probation (Lawyers Weekly No. 10-204-15)
Sealed criminal records need not be disclosed under mandatory discovery rules. Privacy protections for sealed records take precedence over general criminal discovery requirements.
Commonwealth v. St. Louis (Lawyers Weekly No. 10-203-15)
Conviction affirmed for sexual assault on intellectually disabled woman. Term "intellectual disability" constitutional; legislature merely modernized language from "mentally retarded."
Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, et al. (Lawyers Weekly No. 10-202-15)
Patent firm's simultaneous representation of competing patent applicants does not violate professional conduct rules absent allegations of direct legal adversity or material limitation on representation.
Commonwealth v. Cole (Lawyers Weekly No. 10-201-15)
Murder conviction affirmed where medical records, DNA evidence, and victim's clothing properly admitted; prosecutor's arguments not improper.