Cepeda v. Commonwealth (Lawyers Weekly No. 10-007-18)
Juvenile indicted for murder denied interlocutory review of dismissal motion; brain development instruction not required at grand jury stage.
SJC Opinions
Elliot v. Commonwealth (Lawyers Weekly No. 10-008-18)
Conviction of murder upheld where defendant, age seventeen at time of offense, was not entitled to juvenile court transfer hearing because juveniles at that time included only those under seventeen.
Commonwealth v. Curran (Lawyers Weekly No. 10-006-18)
Incompetent defendant charged with sex offense may raise insanity defense at hearing determining whether he committed charged acts, reversing exclusion of expert testimony.
Commonwealth v. Cousin (Lawyers Weekly No. 10-004-18)
Court rejected defendant's claim of actual conflict of interest where trial counsel represented a police officer in unrelated civil case while defending defendant in murder prosecution.
Commonwealth v. Lopes (Lawyers Weekly No. 10-003-18)
First-degree murder conviction affirmed where Commonwealth properly excluded young jurors, admitted gang evidence for motive, excluded unrelated misconduct evidence, and prosecutor's aggressive closing argument received curative instruction.
Roma, III, Ltd. v. Board of Appeals of Rockport (Lawyers Weekly No. 10-002-18)
Town zoning bylaw prohibiting private heliports without approval or special permit is not preempted by state aeronautics statutes. Reversed and remanded.
Commonwealth v. Lastowski (Lawyers Weekly No. 10-001-18)
Defendant's motion to withdraw guilty pleas denied where he failed to show prejudice from counsel's alleged failure to explain sex offender registration consequences.
Segal v. Genitrix, LLC, et al. (Lawyers Weekly No. 10-199-17)
Wage Act does not impose personal liability on board members and investors acting in those capacities alone; they must be appointed agents with management responsibility comparable to a corporate president or treasurer.
Commonwealth v. Piantedosi (Lawyers Weekly No. 10-198-17)
Murder conviction affirmed where trial judge properly excluded hearsay statements from defense expert's direct examination and allowed Commonwealth expert to testify about defendant's motivation.
Commonwealth v. Holley (and five companion cases) (Lawyers Weekly No. 10-197-17)
Felony-murder convictions affirmed where evidence showed defendants planned and executed armed robbery of marijuana resulting in fatal shooting, and text messages obtained by warrant were properly admitted despite particularity defects.