Commonwealth v. Gelfgatt (Lawyers Weekly No. 10-112-14)
Court holds compelled decryption of seized computers does not violate Fifth Amendment where government already knew defendant owned devices, they were encrypted, and he could decrypt them.
SJC Opinions
Abdow, et al. v. Attorney General, et al. (Lawyers Weekly No. 10-111-14)
Initiative petition to ban casino and slots gambling and abolish greyhound race wagering certified for ballot; gaming licenses fall within state police power and applicants have no compensable property right.
Campatelli v. Chief Justice of the Trial Court, et al. (Lawyers Weekly No. 10-110-14)
Trial court officials lawfully suspended elected Register of Probate pending investigation into alleged workplace misconduct under delegated statutory authority and inherent judicial powers.
Commonwealth v. Harris (Lawyers Weekly No. 10-109-14)
First-degree murder conviction affirmed. Defendant's statements to police were voluntary despite his youth and emotional fragility. Prosecution's expert rebuttal testimony on mental state was admissible.
Commonwealth v. Mitchell (Lawyers Weekly No. 10-108-14)
Recorded call lawful under one-party consent exception when officers instructed witness to elicit murder information, regardless whether witness actually attempted to do so.
Commonwealth v. Copney (Lawyers Weekly No. 10-107-14)
Defendant staying in dormitory room without permission had no reasonable expectation of privacy; warrantless police entry justified by emergency aid exception.
Raffaele v. Commonwealth (Lawyers Weekly No. 10-105-14)
Pro se petitioner's G.L. c. 211, § 3 petition for relief from guilty plea properly denied; plea challenges belong in criminal procedure, not superintendence jurisdiction.
Commonwealth v. Tassone (Lawyers Weekly No. 10-106-14)
Vacated and remanded where DNA expert lacking laboratory affiliation could not be meaningfully cross-examined about reliability of underlying testing data.
Commonwealth v. Morse (Lawyers Weekly No. 10-103-14)
Motorboat collision kills child. Reversed conviction for misleading police officer; affirmed homicide conviction.
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.