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.
SJC Opinions
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.
Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-059-15)
Nonsignatory franchisor may compel arbitration where franchisees' misclassification claims are intertwined with franchise agreements containing arbitration clause and allegations of concerted misconduct alleged against all defendants.
Commonwealth v. Tran (Lawyers Weekly No. 10-058-15)
Murder conviction affirmed where defendant killed wife with mallet. Miranda warnings in Vietnamese adequate. Mental impairment instruction sufficient. Convictions not duplicative under elements-based test.
Meshna, et al. v. Scrivanos, et al. (Lawyers Weekly No. 10-057-15)
No-tipping policies are permitted under Massachusetts law, but employers must clearly communicate such policies to customers or risk Tips Act liability for retained money.