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.
SJC Opinions
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.
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.
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.