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.
SJC Opinions
Sarkisian v. Concept Restaurants, Inc. (Lawyers Weekly No. 10-100-15)
Nightclub slip-and-fall case extends "mode of operation" premises liability approach beyond self-service stores to any business where unsafe conditions are reasonably foreseeable from how it operates.
Commonwealth v. Figueroa (Lawyers Weekly No. 10-099-15)
Convictions for mayhem and assault and battery by dangerous weapon not duplicative where jury instructions limited each conviction to separate injuries from independent acts.
Commonwealth v. Kostka (Lawyers Weekly No. 10-098-15)
DNA compulsion from uncharged third party reversed where Commonwealth failed to establish sufficient relevance and importance of evidence against defendant's constitutional rights.
Opinion of the Justices to the House of Representatives (Lawyers Weekly No. 10-097-15)
House fiscal budget bill was a money bill because it would increase tax revenue. Senate amendments to the bill, even comprehensive ones, did not violate the origination clause.
Commonwealth v. Camblin (Lawyers Weekly No. 10-096-15)
Breath test evidence admissible by statute remains subject to scientific reliability challenges. Vacated and remanded for hearing on Alcotest reliability.
Commonwealth v. Silva (Lawyers Weekly No. 10-094-15)
Murder conviction affirmed where defendant jumped on victim's chest during woods robbery, breaking sternum and ribs, and DNA evidence linked defendant's seized sneakers to victim's blood.
Commonwealth v. Jewett (Lawyers Weekly No. 10-093-15)
Officer may enter home without warrant in hot pursuit of driver suspected of jailable misdemeanor. Reckless operation charge established by erratic driving and near-collision with parked vehicle during police pursuit.
Hays v. Ellrich (Lawyers Weekly No. 10-092-15)
Investment advisor who solicited client to invest in unsuitable hedge fund held to be "seller" under Massachusetts Uniform Securities Act; fiduciary duty extends statute of limitations under fraudulent concealment doctrine.
Commonwealth v. Asher (Lawyers Weekly No. 10-091-15)
Police officer convicted of assault and battery for repeatedly striking unarmed civilian with flashlight. Jury instruction errors regarding officer's status and duty to retreat held harmless.