Commonwealth v. Dame (Lawyers Weekly No. 10-010-16)
DNA evidence led to conviction decades after 1974 murder. Court affirmed despite preindictment delay, finding other evidence overwhelming.
SJC Opinions
Commonwealth v. Morales (Lawyers Weekly No. 10-011-16)
Defendant on bail who defaults by missing court appearance but remains uncustodied is still "on release" and subject to bail revocation if charged with new crime.
Commonwealth v. Fontanez (Lawyers Weekly No. 10-012-16)
Defendant released on recognizance defaulted on appearance, then charged with new crime. Court retains bail revocation authority despite default.
Commonwealth v. Jaiman (Lawyers Weekly No. 10-013-16)
Defendant released on recognizance defaulted by failing to appear. Later charged with new crime. Court held defendant remained "on release" for bail revocation purposes despite default.
Charbonneau v. Presiding Justice of the Holyoke Division of the District Court Department (Lawyers Weekly No. 10-009-16)
Standing order precluding defendant-capped guilty pleas on trial day violates statute protecting defendant's right to tender such pleas without temporal restriction.
Rintala v. Commonwealth (Lawyers Weekly No. 10-008-16)
Double jeopardy does not bar retrial after mistrial when sufficient evidence supports conviction on the record.
Commonwealth v. Dorelas (Lawyers Weekly No. 10-007-16)
Police warrant authorized search of iPhone photograph files for communications evidence. Affirmed: photographs showing defendant with gun admissible.
Commonwealth v. Moore (Lawyers Weekly No. 10-006-16)
Reasonable suspicion, not a warrant, justifies warrantless search of parolee's home under Massachusetts Constitution. Parolees have diminished privacy expectations balancing Commonwealth's supervision interests.
Beacon Towers Condominium Trust v. Alex (Lawyers Weekly No. 10-005-16)
Arbitrator cannot award attorney's fees for frivolous defenses absent express party agreement, even under AAA rules permitting fees when authorized by law.
Regency Transportation, Inc. v. Commissioner of Revenue (Lawyers Weekly No. 10-004-16)
Use tax on interstate trucking fleet held to comply with dormant commerce clause; unapportioned tax on vehicle purchases satisfied Complete Auto test.