Commonwealth v. Tavares (Lawyers Weekly No. 10-080-15)
Murder conviction reversed on joint venture theory where judge's response to jury question about liability of aiders and abettors created miscarriage of justice risk.
SJC Opinions
DaRosa, et al. v. City of New Bedford (Lawyers Weekly No. 10-081-15)
Work product prepared in anticipation of litigation by or for a city falls within the public records law's policy deliberation exemption, protecting it from disclosure.
Maryland Casualty Company, et al. v. NSTAR Electric Company, et al. (Lawyers Weekly No. 10-079-15)
Electric utility's tariff-approved limitation on liability for special, indirect, or consequential damages bars insurance subrogees' claims for business interruption despite allegations of gross negligence.
Commonwealth v. Vaughn (Lawyers Weekly No. 10-078-15)
Murder conviction affirmed where defendant failed to establish newly discovered evidence, prosecutorial misconduct, or ineffective assistance claims.
Commonwealth v. Brescia (Lawyers Weekly No. 10-077-15)
Defendant convicted of murder after testimony spanning two trial days, with undetected stroke occurring between days affecting his second-day testimony. New trial affirmed.
Adoption of a Minor (Lawyers Weekly No. 10-076-15)
Married same-sex couple need not notify sperm donor when adopting their biological child conceived through in vitro fertilization.
Christakis v. Jeanne D’Arc Credit Union, et al. (Lawyers Weekly No. 10-075-15)
Judicial liens perfected before bankruptcy survive discharge unless the bankruptcy court avoids them. Federal law distinguishes between discharged personal liability and enforceable property liens.
Commonwealth v. Amran (Lawyers Weekly No. 10-073-15)
Murder conviction affirmed where trial judge properly admitted postmortem photographs, struck medical examiner's "homicide" opinion with curative instruction, and found trial counsel's strategic stipulation to unredacted police interview was not ineffective assistance.
Britton v. Board of Bar Examiners (Lawyers Weekly No. 10-074-15)
Bar applicant denied admission based on pattern of nondisclosure in application, litigation history with sanctions, failure to respect court orders, and lack of candor.
Starks v. Commonwealth (Lawyers Weekly No. 10-072-15)
Equal protection claim rejected where statute limits appellate review of criminal sentences to state prison commitments, not house of correction sentences.