Commonwealth v. Meas (Lawyers Weekly No. 10-042-14)
First-degree murder conviction affirmed despite showup identification challenges and procedural errors; court finds good reason for identification procedure despite inherent suggestiveness.
SJC Opinions
Commonwealth v. Meas (Lawyers Weekly No. 10-042-14)
First-degree murder conviction affirmed where showup identification procedure was permissible, surveillance videos admissible, and jury instructions proper.
Commonwealth v. Meas (Lawyers Weekly No. 10-042-14)
Showup identifications admissible where conducted promptly after crime with good reason for procedure despite inherent suggestiveness.
U.S. Bank National Association v. Schumacher (Lawyers Weekly No. 10-041-14)
Statutory right to cure mortgage default is preforeclosure protection, not part of foreclosure power of sale itself; violations must be challenged in equity action, not summary process.
Commonwealth v. Hoose (Lawyers Weekly No. 10-040-14)
Murder convictions affirmed. Defendant's Miranda waivers and confessions were voluntary despite claims of trauma and medication. Pretrial publicity was not pervasive. Expert testimony on false confessions properly excluded.
MacDonald v. Caruso (Lawyers Weekly No. 10-039-14)
Defendant seeking to terminate permanent abuse prevention order must prove by clear and convincing evidence that significant change in circumstances eliminates reasonable fear of harm.
Commonwealth v. Robertson (Lawyers Weekly No. 10-032-14)
Section 105(b) prohibits photographing persons who are nude or partially nude, meaning actually unclothed in plain view. Upskirting fully clothed women falls outside the statute's scope.
Commonwealth v. Scott (Lawyers Weekly No. 10-033-14)
Defendant entitled to conclusive presumption of government chemist misconduct where chemist signed drug certificate, but must show misconduct would have changed plea decision.
Commonwealth v. Gardner (Lawyers Weekly No. 10-034-14)
Defendant charged with drug distribution challenged convictions based on lab chemist misconduct, but chemist only served as notary on unrelated certificate, not as analyst.
Commonwealth v. Rodriguez (Lawyers Weekly No. 10-035-14)
Defendant who pleaded guilty based on drug analysis by a chemist later convicted of evidence tampering may withdraw his plea if he shows he would have tried the case had he known of her misconduct.