Flood v. Commonwealth (Lawyers Weekly No. 10-116-13)
Interlocutory review denied where civil commitment petitioner claims trial deadline violated; speedy trial violations reviewable on final appeal.
SJC Opinions
Depianti, et al. v. Jan-Pro Franchising International, Inc. (Lawyers Weekly No. 10-112-13)
Franchisor can be liable for worker misclassification without direct contract; failure to file with Attorney General does not deprive court of jurisdiction; modified control test applies to franchise relationships.
Commonwealth v. Middlemiss (Lawyers Weekly No. 10-113-13)
Victim's statements identifying the defendant as his shooter were admissible as excited utterances and dying declarations despite confrontation clause concerns.
Commonwealth v. Hanright (Lawyers Weekly No. 10-114-13)
Defendant's notice of intent to offer mental-state expert testimony waives privilege and permits prosecution's expert to access defendant's medical and psychiatric treatment records.
Zaniboni v. Massachusetts Trial Court (Lawyers Weekly No. 10-115-13)
Age discrimination appeal improperly filed as interlocutory. Rule 64(a) cannot cure defective appeal or substitute for proper appellate procedures.
Commonwealth v. Domino (Lawyers Weekly No. 10-110-13)
Sex offender failed to register with the registry board, providing false residence information. Court held CPSL mandatory upon conviction and complaint amendment proper despite defendant's ineffective assistance claim.
Commonwealth v. Perkins (and 19 companion cases) (Lawyers Weekly No. 10-111-13)
Officers searched an automobile without warrant after driver's arrest for operating without valid license. Court affirmed suppression of firearm and drugs.
Sheriff of Suffolk County v. Jail Officers and Employees of Suffolk County (Lawyers Weekly No. 10-109-13)
Discharged jail officer entitled to full back pay despite unemployment period; sheriff waived mitigation defense by raising it years after arbitration award; sovereign immunity bars post-judgment interest.
Cook v. Patient Edu, LLC, et al. (Lawyers Weekly No. 10-105-13)
LLC managers may face individual wage liability if they control and substantially participate in determining the entity's financial policy.
Commonwealth v. Alcequiecz (Lawyers Weekly No. 10-106-13)
Affirmed murder conviction and assault conviction; vacated duplicative armed burglary conviction. Provocation does not mitigate felony-murder; killing occurring minutes after entry qualifies as felony-murder.