Commonwealth v. Dame (Lawyers Weekly No. 10-010-16)
DNA evidence led to conviction decades after 1974 murder. Court affirmed despite preindictment delay, finding other evidence overwhelming.
Lawyers
Commonwealth v. Morales (Lawyers Weekly No. 10-011-16)
Defendant on bail who defaults by missing court appearance but remains uncustodied is still "on release" and subject to bail revocation if charged with new crime.
Commonwealth v. Fontanez (Lawyers Weekly No. 10-012-16)
Defendant released on recognizance defaulted on appearance, then charged with new crime. Court retains bail revocation authority despite default.
Commonwealth v. Jaiman (Lawyers Weekly No. 10-013-16)
Defendant released on recognizance defaulted by failing to appear. Later charged with new crime. Court held defendant remained "on release" for bail revocation purposes despite default.
Goddard v. Goucher, et al. (Lawyers Weekly No. 11-013-16)
Court upholds rejection of parties' stipulation that purchase and sale agreement was enforceable, finding judge properly distinguished factual admissions from legal conclusions that parties cannot bind the court upon.
Commonwealth v. Laguer (Lawyers Weekly No. 11-011-16)
Appeals Court affirms denial of motion for new trial in 1984 rape conviction, rejecting claims of newly discovered witness testimony, flawed DNA results, and fraudulent plea offer.
Commonwealth v. Mitchell (and two companion cases) (Lawyers Weekly No. 11-010-16)
Murder conviction affirmed for four defendants in stabbing death. Police statements admitted voluntarily; Bruton objection to codefendant's redacted statement rejected; youthful offender sentencing challenge foreclosed by precedent.
Hoegen v. Hoegen (Lawyers Weekly No. 11-009-16)
Vested restricted stock units constitute gross employment income for child support calculation purposes; parent cannot waive child's support rights.
Charbonneau v. Presiding Justice of the Holyoke Division of the District Court Department (Lawyers Weekly No. 10-009-16)
Standing order precluding defendant-capped guilty pleas on trial day violates statute protecting defendant's right to tender such pleas without temporal restriction.
Rintala v. Commonwealth (Lawyers Weekly No. 10-008-16)
Double jeopardy does not bar retrial after mistrial when sufficient evidence supports conviction on the record.