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.
Convictions vacated where trial judge failed to inquire into credible information that juror slept through victim testimony despite prompt judicial intervention requirement.
Murder conviction vacated where DNA testing excluded defendants and victim as source of bloody towels that corroborated key witness with severe credibility issues.
Double jeopardy does not bar retrial where the jury's initial verdicts were too ambiguous to establish a clear acquittal on premeditation theory.
Parent has constitutional right to appointed counsel in guardianship proceeding where another party seeks to displace parental rights and assume primary caretaker responsibilities.
Attorney suspended in Maine for mental health and substance abuse conditions may be reciprocally transferred to disability inactive status in Massachusetts without a separate hearing.
Court rejects target standing doctrine allowing defendant to challenge search of third party. Reasonable suspicion supported investigatory stop; violation not egregious enough.
Municipality's authority to set health insurance contribution rates for retirees under General Laws chapter 32B is not a mandatory subject of collective bargaining with current employees.
Military court martial conviction under Article 134 incorporating federal child pornography statutes constitutes a "like violation" of Massachusetts sex offender registration law.
Alimony reform statute's retirement provision does not apply retroactively to pre-existing alimony judgments. Payor must show material change in circumstances.
Retirement provision of 2011 alimony reform act does not apply retroactively to alimony orders in judgments entered before act became effective.