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.
SJC Opinions
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.
Renaud v. Commonwealth (Lawyers Weekly No. 10-066-15)
Reversal of conviction based on insufficient evidence of defendant's identity satisfies statutory eligibility requirement for erroneous conviction compensation.
Reckis, et al. v. Johnson & Johnson, et al. (Lawyers Weekly No. 10-065-15)
Toxic epidermal necrolysis case; failure to warn claim not preempted by federal drug law; expert testimony on causation admitted; fifty million dollar verdict upheld.
Commonwealth v. Jackson (Lawyers Weekly No. 10-064-15)
Defendant convicted of murder denied duress defense. Court holds duress unavailable to both adults and juveniles; noncitizen juror requires showing of prejudice; public trial right procedurally waived.
Commonwealth v. Foster (Lawyers Weekly No. 10-063-15)
Murder conviction affirmed where probable cause affidavit established nexus between crime and defendant's residence through his implausible account of items recovered near scene.
Deutsche Bank National Trust Company v. Fitchburg Capital, LLC, et al. (Lawyers Weekly No. 10-062-15)
Mortgage with stated maturity date of underlying note becomes unenforceable five years after debt maturity under obsolete mortgage statute; retroactive application constitutional.
Commonwealth v. Newson (Lawyers Weekly No. 10-061-15)
Murder conviction under joint venture theory upheld where defendant claimed lack of advance knowledge but aided the shooter's escape.
Commonwealth v. Colondres (Lawyers Weekly No. 10-060-15)
Anticipatory search warrant valid where police establish facts providing equivalent, not strict, compliance with stated triggering conditions and equal support for probable cause.