Commonwealth v. Garrett (Lawyers Weekly No. 10-190-15)
BB gun does not qualify as firearm under armed robbery statute; convictions vacated, remanded for unarmed robbery conviction.
SJC Opinions
Scholz, et al. v. Delp; Scholz v. Boston Herald, Inc., et al. (Lawyers Weekly No. 10-189-15)
Statements speculating about a suicide victim's motivations constitute protected opinion, not actionable fact, when they rest on disclosed facts and invite reader speculation rather than asserting objective truth.
Commonwealth v. Watkins (Lawyers Weekly No. 10-188-15)
First-degree murder conviction affirmed where eyewitness who knew defendant since childhood identified him despite foggy conditions; sufficient corroborating evidence and no Brady violation.
Commonwealth v. Chappell (Lawyers Weekly No. 10-187-15)
Murder conviction affirmed where defendant claimed insanity. Court addressed DNA expert testimony, expert witness direct examination rules, and jury instructions on consequences of insanity verdict and consciousness of guilt.
Trapp, et al. v. Roden, et al. (Lawyers Weekly No. 10-186-15)
Native American inmates' challenge to DOC closure of purification lodge at correctional facility violates RLUIPA and 2003 settlement agreement.
Monteiro v. Commonwealth (Lawyers Weekly No. 10-185-15)
Court remanded case for consideration of appeal from denial of counsel appointment for postconviction forensic analysis motion.
Commonwealth v. Cadet (Lawyers Weekly No. 10-184-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Mogelinski (Lawyers Weekly No. 10-183-15)
Defendant apprehended after age eighteen on charges for offenses committed before age seventeen may face transfer hearing in Juvenile Court despite prior apprehension on identical charges that were dismissed by nolle prosequi.
Commonwealth v. Foxworth (Lawyers Weekly No. 10-182-15)
Defendant convicted of contract murder affirms convictions; addresses jailhouse informant statements, spousal privilege, prior incarceration evidence, prosecutor's closing argument, and jury instructions on immunized witness testimony.
Recinos v. Escobar (Lawyers Weekly No. 10-181-15)
SUFFOLK, ss. COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT LILIANA MARIBEL RIVERA RECINOS vs. MARIA ISABEL RECINOS ESCOBAR SJC-11986 ORDER The judgment of the Probate and Family Court dated March 13, 2015, dismissing the plaintiff’s complaint is reversed. The Probate and…