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.
SJC Opinions
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.
In the Matter of Simkin (Lawyers Weekly No. 10-071-15)
Private individuals lack standing to challenge a board's decision not to prosecute attorney discipline complaints or compel bar counsel action.
Forlizzi, et al. v. Commonwealth (Lawyers Weekly No. 10-070-15)
Defendants denied interlocutory review of motion-to-dismiss denial where claims of prosecutorial misconduct involve rights remediable on direct appeal.
Commonwealth v. Canning (Lawyers Weekly No. 10-069-15)
Police seeking warrant for marijuana cultivation must establish probable cause defendant lacks legal registration, not just that cultivation is occurring.
Sebago, et al. v. Boston Cab Dispatch, Inc., et al. (and a consolidated case) (Lawyers Weekly No. 10-068-15)
Boston taxi drivers challenged independent contractor classification. Court held drivers were properly classified based on freedom to set hours, keep all fares, and operate independently.
Galenski v. Town of Erving, et al. (Lawyers Weekly No. 10-067-15)
Retiree eligible for municipal health insurance contributions despite fewer than ten years of town employment. Statutory mandate preempts municipal policy.