Shipps v. District Attorney for the Norfolk District (Lawyers Weekly No. 10-111-15)
Convicted murderer cannot use declaratory relief action to bypass gatekeeper procedures for challenging sentence's constitutionality thirty years after conviction.
SJC Opinions
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.
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.