Chin v. Commonwealth (Lawyers Weekly No. 10-196-15)
Denial of interlocutory relief from ruling admitting witnesses in civil commitment case affirmed where party has adequate appellate and trial remedies.
SJC Opinions
Koll v. Edelstein (Lawyers Weekly No. 10-197-15)
Husband's petition for extraordinary relief from order appointing special master to sell marital home properly denied where he sought duplicate interlocutory review and failed to show irreparable harm.
Brea v. Commonwealth (Lawyers Weekly No. 10-195-15)
Defendant's petition for immediate appellate review of a motion to dismiss denial, filed before arraignment, was properly dismissed as interlocutory review unavailable absent exceptional circumstances.
Sliney v. Previte, et al. (Lawyers Weekly No. 10-194-15)
Retroactive extension of statute of limitations for child sexual abuse claims applies to pending case where petitions for appellate review remain outstanding at time of enactment.
Commonwealth v. Tejeda (Lawyers Weekly No. 10-193-15)
Defendant cannot be convicted of murder under felony-murder rule when accomplice killed by person resisting robbery; liability limited to deaths caused by joint venturer in furtherance of crime.
Field v. Commonwealth (Lawyers Weekly No. 10-192-15)
Murder conviction appeal; trial court orders requiring trial counsel testimony and production of mental health records; privilege claims properly addressed on appeal rather than through extraordinary relief petition.
In the Matter of Chalupowski (Lawyers Weekly No. 10-191-15)
Bar applicant denied admission due to lack of candor in disclosing litigation history and demonstrated disrespect for the legal system through frivolous suits.
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.
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.