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.
SJC Opinions
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.
Commonwealth v. Mogelinski (Lawyers Weekly No. 10-200-13)
Juvenile court retains jurisdiction over defendant apprehended before age eighteen on delinquency complaints. Youthful offender indictment cannot issue after age eighteen, even if complaint timely filed.
A Juvenile v. Commonwealth (Lawyers Weekly No. 10-201-13)
Juvenile's petition for extraordinary review of denial of motion to dismiss for prejudicial delay was properly rejected; denial of such motions in delinquency cases not immediately appealable.
Reznik v. Garaffo, et al. (Lawyers Weekly No. 10-199-13)
Interlocutory order denying intervention as of right is immediately appealable; trial court improperly refused notices of appeal.