Commonwealth v. Morse (Lawyers Weekly No. 10-103-14)
Motorboat collision kills child. Reversed conviction for misleading police officer; affirmed homicide conviction.
SJC Opinions
Polay, et al. v. McMahon (Lawyers Weekly No. 10-104-14)
Neighbors sued across-the-street neighbor for invasion of privacy based on video cameras directed at their home. Court reversed dismissal of privacy claim, affirmed dismissal of emotional distress claim, vacated fee award.
Randall, et al. v. Haddad, et al. (Lawyers Weekly No. 10-102-14)
Trustee process against state board of retirement where employee misappropriated charitable corporation funds to purchase retirement service credits in violation of court order.
Commonwealth v. Cole (Lawyers Weekly No. 10-097-14)
Court vacates community parole supervision for life sentences, holding that delegating sentencing power to the parole board violates the separation of powers doctrine in Article 30.
Ferreira v. Chrysler Group LLC, et al. (Lawyers Weekly No. 10-098-14)
Manufacturer owes statutory duty to defend dealer against claims predicated solely on manufacturer's defective design or manufacture, not where both parties' conduct is alleged.
Singh v. Capuano (and a consolidated case) (Lawyers Weekly No. 10-099-14)
Abuse prevention order; when evidentiary hearings must be held; effect of defendant's criminal proceedings and privilege against self-incrimination.
Gangi v. Massachusetts Parole Board (Lawyers Weekly No. 10-100-14)
CPSL sentence held unconstitutional; parolee not a "prisoner" for sexually dangerous person statute purposes; petition filed during unlawful sentence invalid.
Commonwealth v. Parrillo (Lawyers Weekly No. 10-101-14)
CPSL sentence vacated as unconstitutional delegation of judicial sentencing power to executive parole board; remanded for resentencing within double jeopardy constraints.
Commonwealth v. Torres (Lawyers Weekly No. 10-096-14)
Violation of an abuse prevention order is not a lesser included offense of assault and battery on a protected person; both convictions permissible without violating double jeopardy.
Commonwealth v. Powell (Lawyers Weekly No. 10-095-14)
Defendant arrested for larceny at 1:30 p.m., interrogated about murder at 11:45 p.m. Statements suppressed under Rosario rule barring admission of prearraignment statements made more than six hours after arrest.