Commonwealth v. Camblin (Lawyers Weekly No. 10-096-15)
Breath test evidence admissible by statute remains subject to scientific reliability challenges. Vacated and remanded for hearing on Alcotest reliability.
Lawyers
Commonwealth v. Silva (Lawyers Weekly No. 10-094-15)
Murder conviction affirmed where defendant jumped on victim's chest during woods robbery, breaking sternum and ribs, and DNA evidence linked defendant's seized sneakers to victim's blood.
Commonwealth v. Jewett (Lawyers Weekly No. 10-093-15)
Officer may enter home without warrant in hot pursuit of driver suspected of jailable misdemeanor. Reckless operation charge established by erratic driving and near-collision with parked vehicle during police pursuit.
Commonwealth v. Warren (Lawyers Weekly No. 11-060-15)
Affirmed conviction for carrying a firearm. Reasonable suspicion justified stop where defendant matched general description of burglary perpetrators, was nearby minutes after crime, and fled police twice.
Hays v. Ellrich (Lawyers Weekly No. 10-092-15)
Investment advisor who solicited client to invest in unsuitable hedge fund held to be "seller" under Massachusetts Uniform Securities Act; fiduciary duty extends statute of limitations under fraudulent concealment doctrine.
Commonwealth v. Asher (Lawyers Weekly No. 10-091-15)
Police officer convicted of assault and battery for repeatedly striking unarmed civilian with flashlight. Jury instruction errors regarding officer's status and duty to retreat held harmless.
Commonwealth v. Tavares (Lawyers Weekly No. 11-059-15)
Circumstantial evidence sufficiently established identity and knowledge in counterfeit currency case based on identical bills, proximity, timing, and consciousness of guilt.
Nantasket Beachfront Condominiums, LLC v. Hull Redevelopment Authority (Lawyers Weekly No. 11-058-15)
Developer in breach for failing to resume extension deposit payments after zoning appeal resolved. Authority's right to terminate and retain deposits upheld despite board member conflicts of interest.
Commonwealth v. Freeman (Lawyers Weekly No. 11-057-15)
Detective observed exchange of small object for money, preceded by suspect counting cash with known drug user in area with recent drug complaints.
Petriello v. Indresano (Lawyers Weekly No. 11-056-15)
Power of attorney grants standing to seek harassment order; but record lacks three specific acts of harassment required by statute.