Commonwealth v. DeJesus (Lawyers Weekly No. 11-027-15)
Best evidence rule does not require original currency when identity, not contents, is at issue in drug distribution prosecution.
Lawyers
Diatchenko, et al. District Attorney for the Suffolk District, et al.; Commonwealth v. Roberio (Lawyers Weekly No. 10-046-15)
Juveniles serving mandatory life sentences for first-degree murder entitled to appointed counsel, expert witness funding, and certiorari review in parole proceedings to ensure meaningful opportunity for release.
Commonwealth v. Okoro (Lawyers Weekly No. 10-047-15)
Mandatory life sentence with parole eligibility after fifteen years for juvenile murderer does not violate Eighth Amendment or state constitution.
Commonwealth v. Butler (Lawyers Weekly No. 11-025-15)
Appeals Court vacates sua sponte dismissal of drug charges where prosecutor failed to produce untested drug analysis certificate due to lab backlog.
Ventrice v. Ventrice (Lawyers Weekly No. 11-026-15)
Mandatory mediation before filing court action violates right of free access to courts. Custody award vacated where judge failed to weigh guardian ad litem recommendation and substantial evidence.
Souza, petitioner (Lawyers Weekly No. 11-024-15)
Commonwealth provided sufficient evidence of sexual dangerousness for jury consideration; trial judge erred in directing verdict and in limiting jury's reliance on expert testimony.
Murray v. Super (Lawyers Weekly No. 11-022-15)
Relocation denial affirmed; child support modification vacated and remanded. Custodial parent's personal advantage does not override children's best interests in removal cases.
Flaherty v. Sheriff of Suffolk County, et al. (Lawyers Weekly No. 11-023-15)
Correction officer entitled to assault pay throughout workers' compensation period, even after retirement. Three-year statute of limitations bars only payments more than three years before suit.
Commonwealth v. Dagraca-Teixeira (Lawyers Weekly No. 10-045-15)
Heroin possession convictions affirmed; firearm possession convictions reversed where Commonwealth failed to establish defendants' knowledge of and intent to control weapons concealed in attic.
Fitzgerald v. District Court Department of the Trial Court (Lawyers Weekly No. 10-044-15)
Guilty plea challenge to forced medication must use motion for new trial, not extraordinary superintendence petition under Chapter 211, Section 3.