Commonwealth v. Dragotta (and one companion case) (Lawyers Weekly No. 11-021-16)
Mother and boyfriend convicted of inflicting multiple fractures on five-week-old infant. Sufficiency of evidence and expert testimony issues affirmed on appeal.
Mother and boyfriend convicted of inflicting multiple fractures on five-week-old infant. Sufficiency of evidence and expert testimony issues affirmed on appeal.
Defendant lawful permanent resident deported after conviction for abuse prevention order violations; trial judges failed to make adequate findings on ineffective assistance claim.
Affirmed custody award, abuse prevention order, and invalidity of prenuptial agreement; vacated overly broad removal provision requiring remand for evidentiary hearing.
Nine-year delay in prosecution for murder. Speedy trial violated for one defendant based on Commonwealth negligence in obtaining custody; not violated for other due to defendant's flight.
Boston taxi drivers challenged independent contractor classification. Court held drivers were properly classified based on freedom to set hours, keep all fares, and operate independently.
Double jeopardy does not bar retrial where the jury's initial verdicts were too ambiguous to establish a clear acquittal on premeditation theory.
Criminal harassment convictions upheld where defendants posted false advertisements and sent threatening emails designed to orchestrate harassment of neighbors through unwitting third parties.
Probate contestant challenges will on testamentary capacity grounds; court affirms, finding decedent possessed requisite capacity despite terminal illness and medical records showing some confusion.
Worker injured on job receives compensation for physical injuries and resulting psychiatric disability through standard physical impairment ratings; separate psychiatric impairment rating denied.
Vacated and remanded probation revocation order; affirmed denial of sentence revision motion. Criminal restitution serves penal goals beyond victim compensation.