Commonwealth v. LaChance (Lawyers Weekly No. 10-173-14)
Public trial right violated when courtroom closed during jury selection; trial counsel failed to object. Defendant must show prejudice on collateral review despite structural nature of error.
SJC Opinions
Commonwealth v. Evans (Lawyers Weekly No. 10-172-14)
DNA evidence, consciousness of guilt, and circumstantial evidence supported conviction for murder during armed robbery and extreme atrocity or cruelty.
Barron Chiropractic & Rehabilitation, P.C. v. Norfolk & Dedham Group (Lawyers Weekly No. 10-171-14)
Medical provider rejected insurer's late tender of disputed PIP benefits and continued lawsuit. Court held unpaid party may refuse tender and pursue judgment with attorney's fees.
Auto Flat Car Crushers, Inc. v. Hanover Insurance Company (Lawyers Weekly No. 10-170-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Commonwealth v. Vincent (Lawyers Weekly No. 10-169-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Commonwealth v. Vincent (Lawyers Weekly No. 10-169-14)
Defendant charged with murder after girlfriend's death from beating. Court affirmed conviction, finding statements admissible despite ambiguous references to needing lawyer.
Commonwealth v. LeClair, et al. (Lawyers Weekly No. 10-168-14)
Witness validly invoked Fifth Amendment privilege against self-incrimination regarding drug use; prosecutor's intent not to prosecute insufficient to override privilege; compelled testimony did not constitute waiver.
Glovsky v. Roche Bros. Supermarkets, Inc. (Lawyers Weekly No. 10-167-14)
Candidate's right to solicit nominating signatures extends to area outside supermarket entrance under Article 9 ballot-access right, but mere policy announcement does not constitute actionable coercion under Massachusetts Civil Rights Act.
Commonwealth v. Howard (Lawyers Weekly No. 10-166-14)
Murder conviction vacated where police violated Miranda rights by continuing interrogation after defendant invoked right to silence, prosecutor improperly used erroneously admitted statements and made character attacks in closing, and judge's mental impairment instruction omitted required limitations on extreme cruelty theory.
Tyree v. Commonwealth (Lawyers Weekly No. 10-165-14)
Conviction of first-degree murder affirmed. Defendant failed to demonstrate entitlement to extraordinary relief decades after conviction by not showing unavailable alternative remedies.