H.T. v. Commonwealth, et al. (Lawyers Weekly No. 10-100-13)
Crime victim lacks standing to challenge probation conditions requiring biological father to support child resulting from statutory rape. Family court matters subject to ordinary appeal.
SJC Opinions
Commonwealth v. Rousseau; Commonwealth v. Dreslinski (Lawyers Weekly No. 10-097-13)
GPS warrant supported by probable cause; passenger has standing to challenge surveillance; probation condition limiting computer access unconstitutionally broad; convictions affirmed with probation modification.
Commonwealth v. Gray (Lawyers Weekly No. 10-098-13)
Murder conviction affirmed where three attacks on family members were properly joined for trial and ammunition seized from defendant's apartment was admissible under inevitable discovery.
Commonwealth v. Bins (Lawyers Weekly No. 10-099-13)
Murder defendant's statement to police in Portuguese was admissible where Miranda warnings, though initially deficient on appointed counsel, were clarified before defendant's statement and defendant demonstrated understanding.
Chardin v. Police Commissioner of Boston, et al. (Lawyers Weekly No. 10-096-13)
Second Amendment challenge to Massachusetts statute permanently disqualifying juveniles adjudicated delinquent for felonies from obtaining firearm licenses. Affirmed.
Leder v. Superintendent of Schools of Concord & Concord-Carlyle Regional School District, et al. (Lawyers Weekly No. 10-095-13)
Private party cannot seek civil rescission of municipal action under ethics law without State Ethics Commission finding of violation and municipal agency's request for rescission.
Wheatley v. Massachusetts Insurers Insolvency Fund (Lawyers Weekly No. 10-094-13)
Insolvency fund subject to consumer protection liability and must pay attorney's fees when plaintiff prevails in consumer action.
Commonwealth v. Santana (Lawyers Weekly No. 10-093-13)
Murder convictions affirmed despite claims of Miranda violations, improper interrogation after invocation of right to silence, Brady violation regarding witness identification, and Fourth Amendment issues with evidence seizure.
Commonwealth v. Akara (and 17 companion cases) (Lawyers Weekly No. 10-092-13)
Defendants convicted of first-degree murder for shooting on MBTA train that killed unborn child. Joint venture liability affirmed where evidence supported either defendant as shooter with knowing assistance from other.
Commonwealth v. Almonte (Lawyers Weekly No. 10-091-13)
Murder conviction affirmed where defendant's DNA matched victim's, witnesses placed him at scene, and he possessed victim's stolen car.