Commonwealth v. Carlson (Lawyers Weekly No. 11-013-18)
Appeals Court reverses larceny conviction; single-photograph identification procedure was unconstitutionally suggestive absent good reason to use inherently suggestive method.
Lawyers
Commonwealth v. Newton N., a juvenile (Lawyers Weekly No. 10-019-18)
Juvenile Court judge may not dismiss complaint before arraignment based on defendant's mental impairment or age affecting capacity for intent; prosecutor retains discretion on whether to proceed.
Commonwealth v. Orbin O., a juvenile (Lawyers Weekly No. 10-020-18)
Juvenile delinquency complaint issued by civilian after show cause hearing; judge may dismiss if prosecutor has not affirmatively moved for arraignment by considering clerk-magistrate's discretion and child's best interests.
Tavares v. Commonwealth (Lawyers Weekly No. 10-021-18)
Murder defendant's petition for relief from denial of postconviction discovery affirmed where defendant has adequate alternative remedy through pending appellate review.
Commonwealth v. Gomes (Lawyers Weekly No. 10-022-18)
Affirmed: trial counsel's tactical decision not to present expert testimony supporting an alternative eyewitness identification instruction was not manifestly unreasonable.
Kushner v. Wallace, et al. (Lawyers Weekly No. 09-005-18)
Promissory note claim dismissed against defendants not party to the note; fiduciary duty claims clarified and allowed to proceed; second amended complaint and discovery motions denied.
Commonwealth v. Fernandes (Lawyers Weekly No. 10-018-18)
Murder conviction affirmed where circumstantial evidence, statements, vehicle rental, and presence in shooting vehicle established joint venture liability. Sixth Amendment public trial right not violated by approved attendees list under extraordinary gang-related security circumstances.
Commonwealth v. Ballard (Lawyers Weekly No. 11-011-18)
SDP commitment permitted when petition filed during valid imprisonment, even if guilty pleas later vacated for trial error unrelated to statutory unconstitutionality.
Acushnet Company v. Beam, Inc. (Lawyers Weekly No. 11-012-18)
Stock purchase agreement allocating tax liabilities; whether VAT receivables are "amounts credited against or with respect to Taxes" under preclosing tax provision; ambiguity affirmed; trial judgment upheld.
Massachusetts Bay Transportation Authority v. Clear Channel Outdoor, Inc. (Lawyers Weekly No. 09-006-18)
Court denies billboard company's emergency restraining order motion where license agreement gave transit authority discretion over contract terms and company already rejected the proposed six-month license term.