Doyle v. Commonwealth (Lawyers Weekly No. 10-110-15)
Double jeopardy and ineffective assistance claims properly denied where adequate alternative remedies available and claims could have been raised on direct appeal.
SJC Opinions
Commonwealth v. Companonio (Lawyers Weekly No. 10-109-15)
Single justice's denial of leave to appeal from postconviction motion is final and unreviewable; no appeal lies to full court.
Commonwealth v. Libby (Lawyers Weekly No. 10-108-15)
Commonwealth may not file sexually dangerous person petition against someone in custody awaiting trial without incompetency finding.
Schussel, et al. v. Commissioner of Revenue (Lawyers Weekly No. 10-107-15)
Double assessment upheld for taxpayers who knowingly filed false returns reporting income amounts identical to those found false in federal tax evasion prosecution.
Commonwealth v. Dossantos (Lawyers Weekly No. 10-106-15)
Statute requires judges to ensure adequate factual basis exists before recording domestic abuse allegations in statewide record system.
Commonwealth v. Wallace (and a companion case) (Lawyers Weekly No. 10-105-15)
Nine-year delay in prosecution for murder. Speedy trial violated for one defendant based on Commonwealth negligence in obtaining custody; not violated for other due to defendant's flight.
Commonwealth v. Libby (Lawyers Weekly No. 10-104-15)
Reversed as to pre-arrest statements; affirmed as to post-arrest statements. Pre-arrest interview was noncustodial, so Miranda did not apply. Post-arrest statements properly suppressed because defendant lacked clear understanding of right to appointed counsel.
Commonwealth v. Bastaldo (Lawyers Weekly No. 10-103-15)
Defendant convicted of mayhem and resisting arrest. Trial predated key eyewitness identification decisions; admission of in-court identifications proper under then-existing law.
Commonwealth v. Dorvil (Lawyers Weekly No. 10-102-15)
First express recognition of parental privilege defense to assault and battery; three-part test requiring reasonable force reasonably related to legitimate parental purpose without causing physical harm beyond minor marks or fleeting pain.
Commonwealth v. Kolenovic (Lawyers Weekly No. 10-101-15)
Murder conviction affirmed where trial counsel's strategic choice to pursue intoxication defense rather than mental illness defense was rational and not manifestly unreasonable.