Commonwealth v. Webb (Lawyers Weekly No. 10-074-14)
Murder conviction affirmed where immunity and plea-agreement witnesses properly presented to jury and prosecutor did not improperly vouch for credibility.
SJC Opinions
Silva v. Carmel (Lawyers Weekly No. 10-073-14)
Residents of state-funded facility assigned by agency placement lack family-like relationship needed to qualify as household members under abuse prevention statute.
Commonwealth v. Nelson (Lawyers Weekly No. 10-072-14)
Murder conviction affirmed where DNA evidence placed defendant in victim's apartment, phone records showed contact before stabbing, and prosecutor's closing argument properly responded to defense theories.
Commonwealth v. Riley (Lawyers Weekly No. 10-071-14)
First-degree murder conviction for father who directed overmedication and withheld medical care from critically ill four-year-old daughter affirmed; ineffective assistance claims rejected.
Fitchburg Gas and Electric Light Company, et al. v. Department of Public Utilities (Lawyers Weekly No. 10-068-14)
Supreme Judicial Court affirmed that assessments for storm preparedness investigations do not constitute an unconstitutional taking when companies cannot pass costs to consumers, provided the department ensures adequate rates of return.
Commonwealth v. Shea (Lawyers Weekly No. 10-069-14)
Violation of out-of-state protection order prosecuted in Massachusetts is governed by Massachusetts law. Massachusetts adequately instructed jury on accident and incidental contact elements.
May v. SunTrust Mortgage, Inc. (Lawyers Weekly No. 10-070-14)
Borrower cannot rescind consumer credit transaction defensively by recoupment after four-year MCCCDA deadline expires because rescission and recoupment are distinct common-law remedies.
Commonwealth v. Duncan (Lawyers Weekly No. 10-067-14)
Emergency aid exception extends to warrantless police entry to rescue animals in danger; court considered animal welfare statutes in reaching decision.
Sheehan v. Weaver, et al. (Lawyers Weekly No. 10-066-14)
Overruling McAllister, strict liability under G.L. c. 143, § 51 applies to all building code violations, not just fire-safety violations. But "building" under the statute covers only large-scale public, commercial, assembly, or workplace structures, not small-scale residential rentals.
Harrington v. Costello, et al. (Lawyers Weekly No. 10-065-14)
Defamation action barred by statute of limitations. Knowledge of defendant's identity required for accrual under discovery rule, but plaintiff knew defendants published false statement in 2005. Later discovery of defendants' fabrication and concealment does not toll limitations period.