Commonwealth v. Estabrook (and nine companion cases) (Lawyers Weekly No. 10-167-15)
CSLI obtained without warrant required suppression analysis; six-hour rule adopted; 2013 warrant valid on independent source; some defendant statements suppressible.
SJC Opinions
Commonwealth v. Scott (Lawyers Weekly No. 10-166-15)
Sufficiency of evidence supported felony-murder conviction where armed home invasion involved forcible entry assault distinct from fatal shooting inside the house.
Commonwealth v. Bonnett (Lawyers Weekly No. 10-165-15)
Murder conviction affirmed on ineffective assistance claim. Conviction remanded for hearing on whether defendant entitled to identity of FBI informant who reportedly identified defendant's friend as the actual shooter.
Malloch v. Town of Hanover, et al. (Lawyers Weekly No. 10-163-15)
Administrator may delegate its duty to receive bypass statements to municipalities; appointment becomes effective upon receipt, not approval; remanded for judicial review on gender bias concerns.
Sherman v. Town of Randolph, et al. (Lawyers Weekly No. 10-164-15)
Bypass of highest-ranked police sergeant candidate upheld despite flawed interview process where record showed reasonable justification based on interview scores and documented job performance concerns.
C.E. v. J.E. (Lawyers Weekly No. 10-162-15)
Wife seeks emergency stay of divorce judgment pending appeal of child abuse findings. Court affirms denial of stay, finding adequate ordinary remedies available and no likelihood of success on merits.
Commonwealth v. Rodriguez (Lawyers Weekly No. 10-160-15)
Motor vehicle stop based on burnt marijuana odor violates Fourth Amendment where officer lacked probable cause, only reasonable suspicion, of civil infraction.
Hickey v. Pathways Association, Inc., et al. (Lawyers Weekly No. 10-161-15)
Registered land owners seeking to quiet title to private way must yield to easement rights held by inland lot owners where land registration documents show developers intended to retain fee and grant access to later purchasers.
Commonwealth v. Jones (Lawyers Weekly No. 10-159-15)
Rape conviction vacated where expert testified about swab collection without personal knowledge, and rape shield hearing was closed without constitutional findings.
Commonwealth v. Walters (Lawyers Weekly No. 10-158-15)
Facebook profile with gun photo and ambiguous statement about "justice" insufficient to prove stalking threat; other harassment convictions affirmed.