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.
SJC Opinions
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.
Walden Behavioral Care v. K.I. (Lawyers Weekly No. 10-055-15)
Psychotherapist-patient privilege does not bar testimony in involuntary commitment proceedings when treating psychiatrist discloses statements revealing patient's imminent danger to himself.
Commonwealth v. Jones (Lawyers Weekly No. 10-054-15)
Dissemination statute implicitly required knowledge that recipient was a minor, preventing First Amendment overbreadth chilling protected speech.
Commonwealth v. Smith (Lawyers Weekly No. 10-056-15)
Conviction affirmed; interested adult rule did not apply retroactively at time of defendant's interrogation, but court extends protection to seventeen-year-olds prospectively.
Commonwealth v. Jessup (Lawyers Weekly No. 10-053-15)
Defendant convicted of murder under felony-murder rule after attempted armed robbery shooting. Court upheld jail's confiscation of defendant's letter to inmate girlfriend as consistent with First Amendment when applied under Turner reasonableness standard for prison regulations.
Commonwealth v. Ware (Lawyers Weekly No. 10-052-15)
Affirmed the denial of a broad postconviction discovery motion but remanded for narrower motion specific to charge involving chemist's analysis.