Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-174-13)
Defendant's petition under G.L. c. 211, § 3 denied where he failed to comply with appellate rule requiring memorandum explaining why adequate review unavailable post-trial.
SJC Opinions
Franklin Office Park Realty Corp. v. Commissioner of the Department of Environmental Protection (Lawyers Weekly No. 10-172-13)
DEP's interpretation of "willful" violation does not require knowledge of operative facts. Court holds statute clearly requires violator knew or should have known the facts making conduct unlawful.
Aleo v. SLB Toys USA, Inc., et al. (Lawyers Weekly No. 10-169-13)
Toys R Us negligently imported and sold non-compliant pool slide that caused customer's death. Affirmed jury verdict for negligence, breach of warranty, and $18 million punitive damages.
Commonwealth v. Sylvain (Lawyers Weekly No. 10-170-13)
Noncitizen defendant's guilty plea vacatur motion based on counsel's erroneous deportation advice remanded for prejudice findings; Padilla applies retroactively under state law.
Brigade Leverage Capital Structures Fund Ltd., et al. v. PIMCO Income Strategy Fund, et al. (Lawyers Weekly No. 10-167-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Soe, Sex Offender Registry Board No. 252997 v. Sex Offender Registry Board (Lawyers Weekly No. 10-168-13)
Sex offender classification may proceed before trial on related charges despite strategic burden on the offender's defense rights. Board has inherent discretion to reconsider based on subsequently discredited evidence.
N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-166-13)
Insurance company sought to introduce statistical database evidence to challenge medical bill reasonableness under hearsay exception. Court held trial judges retain discretion to exclude unreliable data even when statutory requirements are met.
Commonwealth v. Tassinari (Lawyers Weekly No. 10-165-13)
Murder conviction affirmed where defendant shot wife eighteen times; evidence of marital discord, controlling behavior, and premeditation properly admitted.
Commonwealth v. Chatman (Lawyers Weekly No. 10-164-13)
Vacated and remanded for evidentiary hearing on competency to stand trial motion in murder conviction, clarifying burden of proof and competency framework.
Commonwealth v. Felt (Lawyers Weekly No. 10-163-13)
Personal interviews required for sexually dangerous person evaluations where defendant willing to be interviewed; noncompliant examiner's report inadmissible at trial.