A.J. Properties, LLC v. Stanley Black and Decker, Inc. (Lawyers Weekly No. 10-154-14)
Whether assignment of mortgage carries surety claim when both obligor and surety breached before assignment and surety was liquidated.
SJC Opinions
Massachusetts Electric Company, et al. v. Department of Public Utilities (Lawyers Weekly No. 10-153-14)
Electric utilities challenged storm-response penalties. The court held the DPU correctly applied a reasonableness standard rather than industry-based prudence, vacated penalties unsupported by substantial evidence on specific days, and affirmed the remainder.
Commonwealth v. Thomas (Lawyers Weekly No. 10-152-14)
Defendant's invocation of right to counsel violated by police persuasion that she was losing her opportunity to tell her story. Murder and attempted murder convictions vacated; arson conviction affirmed.
Commonwealth v. Taylor (Lawyers Weekly No. 10-151-14)
Defendant convicted of murder appealed denial of speedy trial motion filed 614 days after arraignment. Affirmed. Defendant acquiesced in delays by agreeing to continuances and failed to press discovery remedies.
Commonwealth v. Selavka (Lawyers Weekly No. 10-150-14)
Illegal sentence may acquire finality barring later correction. GPS monitoring omitted from child pornography sentence became final after sixty-day Rule 29(a) deadline expired; adding it nearly one year later violated double jeopardy.
Commonwealth v. Guzman (Lawyers Weekly No. 10-149-14)
GPS monitoring mandatory for probationers convicted of child sexual abuse offenses; due process challenge rejected under rational basis test; Fourth Amendment claim not reached.
Commonwealth v. Forte (Lawyers Weekly No. 10-148-14)
Murder conviction affirmed where identification through videotape and photographic array was not unnecessarily suggestive, prior bad acts evidence properly limited to state of mind, and surveillance footage inconsistencies were for jury.
Commonwealth v. Wright (Lawyers Weekly No. 10-146-14)
Murder conviction affirmed despite newly discovered third-party culprit evidence from alleged confession, because the evidence did not create substantial risk jury would reach different verdict.
Nautical Tours, Inc. v. Department of Public Utilities (Lawyers Weekly No. 10-147-14)
Department of Public Utilities lacked jurisdiction to issue municipal street license for amphibious sightseeing vehicles; Boston police commissioner has exclusive authority under special statute.
Commonwealth v. Gonzalez (Lawyers Weekly No. 10-144-14)
Murder conviction vacated where jury instructions failed to permit consideration of defendant's intoxication regarding extreme atrocity or cruelty element.