Commonwealth v. Hernandez (Lawyers Weekly No. 10-048-15)
Court affirms denial of supervisory relief from trial judge's exclusion of firearm-related testimony, holding routine evidentiary rulings require exceptional circumstances.
SJC Opinions
Commonwealth v. DaSilva (Lawyers Weekly No. 10-149-15)
Defendant convicted of murder in drive-by shooting. Court affirmed, holding grand jury testimony admissible under Daye, prior bad act evidence relevant to motive, and prosecutorial statements generally supported by record.
Diatchenko, et al. District Attorney for the Suffolk District, et al.; Commonwealth v. Roberio (Lawyers Weekly No. 10-046-15)
Juveniles serving mandatory life sentences for first-degree murder entitled to appointed counsel, expert witness funding, and certiorari review in parole proceedings to ensure meaningful opportunity for release.
Commonwealth v. Okoro (Lawyers Weekly No. 10-047-15)
Mandatory life sentence with parole eligibility after fifteen years for juvenile murderer does not violate Eighth Amendment or state constitution.
Commonwealth v. Dagraca-Teixeira (Lawyers Weekly No. 10-045-15)
Heroin possession convictions affirmed; firearm possession convictions reversed where Commonwealth failed to establish defendants' knowledge of and intent to control weapons concealed in attic.
Fitzgerald v. District Court Department of the Trial Court (Lawyers Weekly No. 10-044-15)
Guilty plea challenge to forced medication must use motion for new trial, not extraordinary superintendence petition under Chapter 211, Section 3.
Commonwealth v. Didas (Lawyers Weekly No. 10-043-15)
Mandatory minimum sentence reduction applies retroactively; redefined drug weights do not. Crime Bill amendments to trafficking statute apply prospectively to weights but retroactively to sentences.
Commonwealth v. Augustine (Lawyers Weekly No. 10-042-15)
Indigent defendant cannot recover appellate attorney's fees when private counsel agreed to represent him without charge and he incurred no actual financial obligation.
Chief of Police of the City of Worcester v. Holden (Lawyers Weekly No. 10-041-15)
Police chief properly denied firearm license based on domestic violence incident five years earlier, despite criminal dismissal and absence of conviction.
Abate v. Fremont Investment & Loan, et al. (Lawyers Weekly No. 10-040-15)
Property owner lacked record title necessary to bring try title action challenging mortgage assignment and foreclosure; court may consider merits to determine standing.