Wing v. Commissioner of Probation (Lawyers Weekly No. 10-204-15)
Sealed criminal records need not be disclosed under mandatory discovery rules. Privacy protections for sealed records take precedence over general criminal discovery requirements.
Lawyers
Commonwealth v. St. Louis (Lawyers Weekly No. 10-203-15)
Conviction affirmed for sexual assault on intellectually disabled woman. Term "intellectual disability" constitutional; legislature merely modernized language from "mentally retarded."
Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, et al. (Lawyers Weekly No. 10-202-15)
Patent firm's simultaneous representation of competing patent applicants does not violate professional conduct rules absent allegations of direct legal adversity or material limitation on representation.
Commonwealth v. Dorisca (Lawyers Weekly No. 11-193-15)
Medical examiner's deposition improperly admitted without adequate finding of unavailability under Housewright; harmless error where testimony cumulative and not essential to guilt determination.
Commonwealth v. Hyde (and seven companion cases) (Lawyers Weekly No. 11-192-15)
Affirmed convictions for motor vehicle insurance fraud based on circumstantial evidence of knowledge regarding staged accidents, including number of participants, absence of emergency responders, and attorney's avoidance of direct client contact.
Commonwealth v. Cole (Lawyers Weekly No. 10-201-15)
Murder conviction affirmed where medical records, DNA evidence, and victim's clothing properly admitted; prosecutor's arguments not improper.
Commonwealth v. Armstrong (Lawyers Weekly No. 11-191-15)
Armed home invasion guilty plea upheld where defendant remained in empty dwelling after resident's return and confronted him with loaded pistol.
Commonwealth v. Costa (Lawyers Weekly No. 11-190-15)
Conviction for operating under the influence affirmed. Breathalyzer test results properly admitted where periodic testing and field testing used different cylinders. Judge did not abuse discretion reopening evidence after defendant's vague objection.
Jaynes, petitioner (Lawyers Weekly No. 11-189-15)
Prisoner's petition for name change based on Wiccan religious beliefs denied as inconsistent with public interests given serious convictions, criminal history, and parole eligibility.
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-188-15)
Summary process appeal dismissed for late transcript filing, but reversed where rules permit cure. Tenant's compliance deemed timely under mandatory appellate rule provision.