Commonwealth v. Ubeira-Gonzalez (Lawyers Weekly No. 11-008-15)
Defendant failed to show that laboratory analyst misconduct preceded his guilty plea or affected his case, so motion to withdraw pleas properly reversed.
Lawyers
Kelcourse v. Kelcourse (Lawyers Weekly No. 11-007-15)
Antenuptial agreement unenforceable where enforcement would leave wife with severely deteriorated home and insufficient property to support herself, warranting alternative distribution of marital assets.
Commonwealth v. Simpkins (Lawyers Weekly No. 10-007-15)
Defendant convicted of accessory after the fact and firearm possession; jury deadlocked on murder and assault. Court reverses denial of required findings of not guilty on murder and assault charges; insufficient evidence of prior agreement to aid shooters.
Commonwealth v. Corliss (Lawyers Weekly No. 10-006-15)
Affirmed convictions for first-degree murder, armed robbery, and firearms possession. Jury view attendance restrictions, prior firearm evidence, seized money handling, and expert surveillance video testimony all properly admitted or excluded under discretionary standards.
Commonwealth v. Bresilla (Lawyers Weekly No. 10-005-15)
Murder conviction affirmed where eyewitness identification, gunshot residue, and jacket identification supported guilt despite procedural lapses by police.
Kitras, et al. v. Town of Aquinnah, et al. (Lawyers Weekly No. 11-006-15)
Easements by necessity implied when tribal custom of common access predates partition of formerly shared lands into individual parcels.
Commonwealth v. Gomes (Lawyers Weekly No. 10-002-15)
Trial judge did not err by declining to instruct jury on eyewitness identification principles without supporting expert testimony. Court adopted provisional model instruction reflecting scientific consensus on five principles affecting identification reliability.
Commonwealth v. Johnson (Lawyers Weekly No. 10-003-15)
Affirmed. Trial judge properly refused instruction on witness failure to identify where witnesses made no positive identification and provided only generic suspect description.
In the Matter of a Grand Jury Investigation (Lawyers Weekly No. 10-004-15)
Attorney-client privilege bars grand jury subpoena for phone transferred to law firm for legal advice when target could not be compelled to produce it.
Care and Protection of Laurent (Lawyers Weekly No. 11-005-15)
Cognitive disability and parenting impairment alone do not establish unfitness absent clear and convincing evidence of serious risk of harm to the child.