Commonwealth v. Lucas (Lawyers Weekly No. 10-137-15)
Court strikes down statute criminalizing false statements about political candidates and ballot questions as violating free speech rights.
SJC Opinions
Commonwealth v. Lang (Lawyers Weekly No. 10-136-15)
Conviction for murder in first degree affirmed. Trial counsel's failure to investigate defendant's psychiatric history fell below constitutional standards, but strategic choice to pursue self-defense instead of mental responsibility defense was not manifestly unreasonable.
Murray v. Town of Hudson, et al. (Lawyers Weekly No. 10-135-15)
Visiting student-athlete injured in town-owned bullpen. Town liable for negligence despite recreational use statute when hosting interscholastic athletic event.
Pugsley v. Police Department of Boston, et al. (Lawyers Weekly No. 10-133-15)
Male police applicant lacked standing to challenge preferential hiring of female candidates because his injury was speculative. Court also held statistical gender disparities insufficient for BFOQ defense.
Rosencranz v. Commonwealth (Lawyers Weekly No. 10-134-15)
Defendant cannot use chapter 211, section 3, to obtain interlocutory review of denial of motion to dismiss based on speedy trial violation.
Commonwealth v. Roberts (Lawyers Weekly No. 10-132-15)
Defendant must show reasonable probability he would not have pleaded guilty had judge warned of possible civil confinement as sexually dangerous person, despite such consequence being collateral rather than direct.
Commonwealth v. Fritz (Lawyers Weekly No. 10-131-15)
Murder conviction affirmed where witness testified he saw defendant pointing gun at victim after hearing shots and defendant later admitted killing.
Tirado v. Board of Appeal on Motor Vehicle Liability Policies and Bonds (and two companion cases) (Lawyers Weekly No. 10-130-15)
Admission to sufficient facts and continuance without finding constitute a conviction under commercial driver licensing statute, warranting license suspension.
Commonwealth v. Lessieur (Lawyers Weekly No. 10-129-15)
Murder conviction upheld where primary evidence was cooperating participant's trial testimony, corroborated by witness observations and prior consistent statements properly admitted to rebut recent contrivance claims.
Commonwealth v. Brewer (Lawyers Weekly No. 10-128-15)
Defendant convicted of murder denied right to compel immunity for defense witnesses; prosecutor's credibility argument proper.