Johnson, et al. v. Kindred Healthcare, Inc., et al. (Lawyers Weekly No. 10-009-14)
Health care agent lacks authority to bind principal to arbitration agreement. Health care proxy statute limits agent's power to medical treatment decisions only.
Category SJC Opinions
Licata v. GGNSC Malden Dexter LLC (Lawyers Weekly No. 10-010-14)
Son lacked authority to sign nursing home arbitration agreement on behalf of incapacitated mother designated him as health care agent. Affirmed.
Silva v. Silva (Lawyers Weekly No. 10-005-14)
Extraordinary relief under G.L. c. 211, § 3 unavailable when adequate remedy exists through direct appeal of contempt judgment in family law matter.
Commonwealth v. Berry (Lawyers Weekly No. 10-004-14)
Murder conviction reduced from first to second degree where defendant's severe mental illness and brain tumor were closely intertwined with her violent conduct.
Commonwealth v. Denehy (Lawyers Weekly No. 10-002-14)
Defendant entitled to speedy trial dismissal where Commonwealth failed to justify delay exceeding twelve-month rule 36 period. Trial counsel's withdrawal of meritorious speedy trial motion constituted ineffective assistance.
Commonwealth v. Maldonado (Lawyers Weekly No. 10-003-14)
Murder conviction affirmed where defendant challenged courtroom identification requirement for spectators, grand jury testimony admission, hearsay evidence, and juror questioning procedures in gang-related shooting case.
Commonwealth v. Woods (Lawyers Weekly No. 10-001-14)
Murder conviction affirmed where circumstantial evidence showed defendant had motive, opportunity, made prior threats, and demonstrated consciousness of guilt through false statements.
Lighthouse Masonry, Inc., et al. v. Division of Administrative Law Appeals, et al. (Lawyers Weekly No. 10-204-13)
Prevailing wage law citation appeal. Internal agency review of hearing officer decisions permissible. Hearing officer substitution allowed when original officer unavailable before decision issued.
Diatcehnko v. District Attorney for the Suffolk District, et al. (Lawyers Weekly No. 10-202-13)
Mandatory life without parole for juveniles violates state and federal constitutional prohibitions on cruel punishment and must be vacated retroactively; discretionary imposition also unconstitutional.
Commonwealth v. Brown (Lawyers Weekly No. 10-203-13)
Juvenile convicted of murder in first degree sentenced to life without parole under mandatory scheme. Court applies severability doctrine rather than creating new procedures, resulting in life with parole eligibility after fifteen years.