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.
SJC Opinions
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.
Aldrich, petitioner (Lawyers Weekly No. 10-094-14)
Habeas corpus petition denied where alleged transcription error in jury verdict can be remedied through ordinary appellate process.
LeBaron v. Commonwealth (Lawyers Weekly No. 10-093-14)
Sex offender's petition for extraordinary relief denied where claimed trial errors were properly raised in pending direct appeal.
Twomey, et al. v. Town of Middleborough, et al. (and a companion case) (Lawyers Weekly No. 10-092-14)
Board of selectmen, not town meeting, has authority to set HMO premium contribution percentages for retired municipal employees under G.L. c. 32B, § 16.