In the Matter of E.C. (Lawyers Weekly No. 10-039-18)
Dismissal of criminal charges does not require immediate release from commitment when extension petition pending. Amendment to civil commitment petition allowed.
SJC Opinions
Commonwealth v. Wright (Lawyers Weekly No. 10-040-18)
Murder convictions affirmed. Statements to Canadian authorities admissible despite lack of Miranda warnings. Trial judge properly ordered disclosure of defense mental health expert's report.
Caplan, et al. v. Town of Acton (Lawyers Weekly No. 10-038-18)
Anti-aid amendment challenges to historic preservation grants for active churches evaluated under three-factor test. Stained glass grant likely violates amendment despite secular preservation purpose.
Commonwealth v. Howard (Lawyers Weekly No. 10-036-18)
Conviction of murder in the first degree affirmed where defendant shot coworker following workplace dispute; no error in denying sudden combat instruction, instructing on reasonable provocation, jury composition, or evidentiary rulings.
Sabree v. Commonwealth (Lawyers Weekly No. 10-037-18)
Petition for relief from sentences denied; petitioner failed to show absence of alternative remedies and did not create adequate record.
Commonwealth v. Padua (Lawyers Weekly No. 10-035-18)
Conviction affirmed without remand for resentencing where defendant completed serving sentences during appeal.
Commonwealth v. Manha (Lawyers Weekly No. 10-034-18)
Police had reasonable suspicion to stop vehicle after 911 report of road rage assault with gun. Protective sweep of passenger compartment and closed container justified by safety concerns.
Cormier, et al. v. City of Lynn, et al. (Lawyers Weekly No. 10-033-18)
School district immune from liability for negligent failure to prevent bullying and resulting serious injury to student under Section 10(j) of Massachusetts Tort Claims Act.
WorldWide TechServices, LLC v. Commissioner of Revenue, et al. (and three consolidated cases) (Lawyers Weekly No. 10-032-18)
Appellate Tax Board erred by terminating abatement proceedings after allowing a customer to intervene, then permitting the sellers to withdraw their petitions.
Commonwealth v. Jones (Lawyers Weekly No. 10-031-18)
Conviction for first-degree murder affirmed despite defendant's developmental disability. Competency finding upheld; expert opinions not conclusive. Mandatory life sentence without parole on developmentally disabled defendant does not violate Eighth Amendment.