Gianareles v. Zegarowski (Lawyers Weekly No. 10-052-14)
Mother challenges guardianship decree without counsel; SJC affirms denial of extraordinary relief, finding adequate alternative remedy through rule 60(b) appeal.
SJC Opinions
Commonwealth v. Muniur M., a juvenile (Lawyers Weekly No. 10-051-14)
Juvenile's motion to vacate admission to sufficient facts based on alleged parental coercion required evidentiary hearing rather than decision on affidavits alone.
Zullo v. Culik Law P.C., et al. (Lawyers Weekly No. 10-050-14)
Small claims litigants waive appellate rights and cannot use superintendence jurisdiction to avoid the small claims procedure's limitations on appeal.
Commonwealth v. Pike (Lawyers Weekly No. 10-049-14)
Insufficient evidence to prove sex offender failed to notify registry board of address change; defendant merely staying with friend.
Commonwealth v. Dalton (Lawyers Weekly No. 10-048-14)
Judges lack discretion to relieve sex offenders convicted of crimes involving children from registration requirements; "may not" language is mandatory.
Commonwealth v. Spray (Lawyers Weekly No. 10-043-14)
Murder conviction affirmed where defendant failed to show ineffective assistance of counsel for not investigating mental health defense based on methamphetamine-induced psychosis.
Commonwealth v. Bukin (Lawyers Weekly No. 10-047-14)
Probation revocation based on hearsay from police officers about sexual offense allegations upheld where accounts were substantially reliable and independently corroborated.
Estate of Moulton v. Puopolo, et al. (Lawyers Weekly No. 10-046-14)
Board directors who adopt workplace safety policies are employers under workers' compensation law and immune from negligence suits by injured employees.
Commonwealth v. Wade (Lawyers Weekly No. 10-045-14)
DNA testing statute sets low threshold for preliminary access to forensic analysis, separate from postconviction motion standards. Reversed and remanded for hearing.
Commonwealth v. Ehrlich (Lawyers Weekly No. 10-044-14)
Shareholder in close corporation breached fiduciary duties to wrongfully terminated minority shareholder; contract damages award vacated for recalculation; consumer protection claim dismissed as intra-corporate dispute.