Vinnie v. Superintendent, Massachusetts Correctional Facility, Norfolk (Lawyers Weekly No. 10-044-18)
Habeas petitioner cannot reinstate petition in county court after Superior Court denial; must follow gatekeeper provision for appellate review.
SJC Opinions
Commonwealth v. G.F. (Lawyers Weekly No. 10-043-18)
Fourth trial permitted in sexually dangerous person case after three mistrials. Pretrial confinement of nearly seven years without sexual dangerousness finding violates due process; defendant entitled to supervised release hearing.
Rafferty v. Merck & Co., Inc., et al. (Lawyers Weekly No. 10-041-18)
Generic drug consumer may bring recklessness claim against brand-name manufacturer for failure to warn, but not ordinary negligence claim. Consumer protection claim dismissed.
Commonwealth v. Brown (Lawyers Weekly No. 10-042-18)
Court upheld witness intimidation conviction, holding District Court had jurisdiction where victim was potential witness. Affirmed conviction and sentencing.
In the Matter of E.C. (Lawyers Weekly No. 10-039-18)
Dismissal of criminal charges does not require immediate release from commitment when extension petition pending. Amendment to civil commitment petition allowed.
Commonwealth v. Wright (Lawyers Weekly No. 10-040-18)
Murder convictions affirmed. Statements to Canadian authorities admissible despite lack of Miranda warnings. Trial judge properly ordered disclosure of defense mental health expert's report.
Caplan, et al. v. Town of Acton (Lawyers Weekly No. 10-038-18)
Anti-aid amendment challenges to historic preservation grants for active churches evaluated under three-factor test. Stained glass grant likely violates amendment despite secular preservation purpose.
Commonwealth v. Howard (Lawyers Weekly No. 10-036-18)
Conviction of murder in the first degree affirmed where defendant shot coworker following workplace dispute; no error in denying sudden combat instruction, instructing on reasonable provocation, jury composition, or evidentiary rulings.
Sabree v. Commonwealth (Lawyers Weekly No. 10-037-18)
Petition for relief from sentences denied; petitioner failed to show absence of alternative remedies and did not create adequate record.
Commonwealth v. Padua (Lawyers Weekly No. 10-035-18)
Conviction affirmed without remand for resentencing where defendant completed serving sentences during appeal.