Claudio v. Commonwealth (Lawyers Weekly No. 10-018-14)
Defendant's petition for superintendence relief following normal appellate process properly denied.
SJC Opinions
Commonwealth v. Labadie (and a companion case) (Lawyers Weekly No. 10-017-14)
Embezzlement convictions vacated where victim was federal credit union not covered by state bank embezzlement statute. Larceny by embezzlement is lesser included offense; remanded for conviction and resentencing on that charge.
Commonwealth v. Molina (Lawyers Weekly No. 10-016-14)
Conviction affirmed where defendant made statements before custodial interrogation attached and where any Miranda error was harmless beyond reasonable doubt.
Smith v. Masterlaz (Lawyers Weekly No. 10-014-14)
Harassment prevention orders vacated where defendant's single occasion of driving past plaintiff's home three times in quick succession lacked evidence of willful, malicious conduct intended to cause fear.
Seney v. Morhy (Lawyers Weekly No. 10-015-14)
Appeals from expired harassment prevention orders should be reviewed on merits when defendant has continuing interest. Insufficient evidence supported issuance of order.
Commonwealth v. Keo (Lawyers Weekly No. 10-013-14)
Murder conviction of sixteen-year-old affirmed; mandatory life sentence without parole vacated as unconstitutional under Miller v. Alabama and Massachusetts law.
Martin v. Simmons Properties, LLC (Lawyers Weekly No. 10-012-14)
Servient estate owner may reduce easement width if narrowed way remains adequate for easement's intended purpose and holder's utility is not significantly lessened.
Commonwealth v. Labroad (Lawyers Weekly No. 10-006-14)
Defendant convicted of child rape was entitled to pretrial access to complainant's psychological records documenting her statements about the alleged assault.
Commonwealth v. Demers (Lawyers Weekly No. 10-007-14)
Petitioner denied extraordinary relief where adequate alternative remedy existed: right to appeal Superior Court's denial of trial motions to Appeals Court.
Commonwealth v. Gentile (Lawyers Weekly No. 10-011-14)
Trooper's subjective belief that resident was lying insufficient to establish reasonable belief that arrest warrant subject was present in home at time of entry.