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.
SJC Opinions
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.
K.G.M. Custom Homes, Inc. v. Prosky, et al. (Lawyers Weekly No. 10-091-14)
Sellers' attorney's obstructive conduct at closing constituted actual breach of good faith covenant, allowing developer to elect liquidated damages remedy without amending complaint.
Commonwealth v. Jackson (Lawyers Weekly No. 10-090-14)
Murder conviction affirmed; third motion for new trial properly denied where newly discovered evidence about witness inducement was cumulative and lacked material strength.
Commonwealth v. Rosa (Lawyers Weekly No. 10-089-14)
First-degree murder conviction affirmed where defendant participated in joint venture with two shooters, despite claiming lack of knowledge about firearms.
Commonwealth v. Figueroa (Lawyers Weekly No. 10-085-14)
Court reverses first-degree murder conviction due to erroneous jury instruction on deadlock; upholds warrantless search, showup identification, reasonable doubt instruction, and intoxication instruction.
Commonwealth v. DeJesus (Lawyers Weekly No. 10-086-14)
Defense counsel's advice that a noncitizen client faced "eligibility for deportation" was constitutionally deficient when the conviction would make deportation presumptively mandatory.
Commonwealth v. Sepheus (Lawyers Weekly No. 10-087-14)
Drug possession conviction reversed due to trial counsel's failure to strike improper expert testimony expressing opinion on defendant's guilt, but new trial permitted.
Sorenti Bros., Inc. v. Commonwealth (Lawyers Weekly No. 10-088-14)
Eminent domain damages for impairment of access require either statutory compliance or severe loss of reasonable access to the highway system.