Commonwealth v. Humphries (Lawyers Weekly No. 10-129-13)
Joint venturer charged with firearms offenses must raise license defense pretrial, but Commonwealth bears burden of proving coventurer unlicensed.
SJC Opinions
Deutsche Bank National Association v. First American Title Insurance Company (Lawyers Weekly No. 10-124-13)
Title insurer's duty to defend does not extend to claims challenging validity of underlying mortgage debt, only to defects in the mortgage lien itself.
Commonwealth v. Morris (Lawyers Weekly No. 10-125-13)
Trial judge properly instructed jury on consciousness of guilt from defendant's flight after stabbing, even where defendant asserted self-defense and claimed fear motivated his departure.
RFF Family Partnership, LP v. Burns & Levinson, LLP, et al. (Lawyers Weekly No. 10-121-13)
Law firm may assert attorney-client privilege over confidential communications with in-house counsel regarding response to client's malpractice claim, subject to four conditions protecting client interests.
Grady v. Zoning Board of Appeals of Peabody, et al. (Lawyers Weekly No. 10-122-13)
Zoning variance became effective despite late recording when variance holder substantially relied on it within statutory period and recorded within days of deadline.
Commonwealth v. Santos (Lawyers Weekly No. 10-123-13)
Warrantless police entry into defendant's home based on apparent authority; voluntariness of DNA consent; admissibility of victim's demeanor testimony.
Commonwealth v. Gonzalez (Lawyers Weekly No. 10-120-13)
Murder conviction affirmed where defendant stabbed victim; statements to police admissible despite lack of Miranda warnings; self-defense instruction properly denied.
McGuinness, et al. v. Department of Correction, et al. (Lawyers Weekly No. 10-117-13)
Tie vote on Civil Service Commission appeal constitutes agency failure to act, making hearing officer's decision affirming termination the final reviewable decision.
Nordberg v. Department of Education, et al. (Lawyers Weekly No. 10-118-13)
Litigant denied extraordinary relief where ordinary appellate remedies remained adequate and alternative statutory relief had already been pursued.
Limbaugh v. Commonwealth (Lawyers Weekly No. 10-119-13)
Defendant cannot use emergency relief to challenge pretrial dismissal denial; direct appeal after conviction provides adequate remedy.