Commonwealth v. Escobar (Lawyers Weekly No. 10-048-18)
Reversed. Phrase anything of value in identity fraud statute limited to things with market or monetary value, not avoidance of prosecution.
SJC Opinions
Spencer v. Civil Service Commission, et al. (Lawyers Weekly No. 10-046-18)
Commissioner who resigned under pressure cannot revert to prior tenured civil service position absent involuntary termination.
Miranda v. A Justice of the Superior Court Department of the Trial Court (Lawyers Weekly No. 10-047-18)
Defendant cannot intervene in another defendant's unrelated criminal case to access postconviction discovery; proper remedy lies in discovery procedures for his own case.
Commonwealth v. Grundman (Lawyers Weekly No. 10-045-18)
Sentencing judge failed to announce mandatory GPS monitoring condition at sentencing hearing. Belated imposition more than sixty days later, after defendant lost right to withdraw plea, violated defendant's rights.
Vinnie v. Superintendent, Massachusetts Correctional Facility, Norfolk (Lawyers Weekly No. 10-044-18)
Habeas petitioner cannot reinstate petition in county court after Superior Court denial; must follow gatekeeper provision for appellate review.
Commonwealth v. G.F. (Lawyers Weekly No. 10-043-18)
Fourth trial permitted in sexually dangerous person case after three mistrials. Pretrial confinement of nearly seven years without sexual dangerousness finding violates due process; defendant entitled to supervised release hearing.
Rafferty v. Merck & Co., Inc., et al. (Lawyers Weekly No. 10-041-18)
Generic drug consumer may bring recklessness claim against brand-name manufacturer for failure to warn, but not ordinary negligence claim. Consumer protection claim dismissed.
Commonwealth v. Brown (Lawyers Weekly No. 10-042-18)
Court upheld witness intimidation conviction, holding District Court had jurisdiction where victim was potential witness. Affirmed conviction and sentencing.
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.
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.