Commonwealth v. Cullity (Lawyers Weekly No. 10-029-15)
PCP possession conviction affirmed where evidence showed contraband near passenger's seat, drug paraphernalia present, and defendant admitted using PCP.
SJC Opinions
Commonwealth v. Torres (Lawyers Weekly No. 10-028-15)
Defendant may challenge guilty plea by proving egregious government misconduct without presumption when chemist signed certificate only as notary.
Cohen v. Cohen (Lawyers Weekly No. 10-027-15)
Massachusetts court lacked jurisdiction to modify California child support order; could only enforce it. Father could be held in contempt only for violations of original California terms.
Commonwealth v. Kelly (and 11 companion cases) (Lawyers Weekly No. 10-026-15)
Hate crime convictions upheld where race need not be sole or primary motivation. Jury properly instructed under Massachusetts assault statute that racial animus must be present but may coexist with other motives.
Commonwealth v. Housewright (Lawyers Weekly No. 10-025-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
DIRECTV, LLC, et al. v. Department of Revenue (Lawyers Weekly No. 10-024-15)
State excise tax on satellite video programming services upheld against dormant commerce clause challenge; businesses not similarly situated.
Commonwealth v. Scott (Lawyers Weekly No. 10-204-14)
DNA evidence linked defendant to victim's death decades later. Supreme Judicial Court affirmed conviction despite exclusion of third-party culprit evidence and prosecutor's improper closing argument.
Commonwealth v. Ilya I., a juvenile (Lawyers Weekly No. 10-022-15)
Juvenile arrested with thirteen small bags of marijuana. Court affirmed dismissal, holding no probable cause to believe intent to distribute rather than personal use.
Commonwealth v. McGhee (Lawyers Weekly No. 10-023-15)
Convictions vacated where trial judge failed to inquire into credible information that juror slept through victim testimony despite prompt judicial intervention requirement.
Commonwealth v. Cowels; Commonwealth v. Mims (Lawyers Weekly No. 10-021-15)
Murder conviction vacated where DNA testing excluded defendants and victim as source of bloody towels that corroborated key witness with severe credibility issues.