Commonwealth v. Boodoosingh (Lawyers Weekly No. 11-018-14)
Conviction of assault by attempted battery affirmed where defendant rushed toward victim with raised bat and came within feet of striking before being pushed away.
Lawyers
Commonwealth v. Caruso (Lawyers Weekly No. 11-019-14)
CAD analysis claiming to prove defendant's innocence was not newly discovered evidence; photogrammetry available at trial achieved same end. Analysis failed to cast real doubt on conviction.
Filepp v. Boston Gas Company, Inc. (Lawyers Weekly No. 11-017-14)
Plaintiff injured falling on street defect allegedly caused by utility company failed to notify company within thirty-day statutory deadline.
Commonwealth v. Arce (Lawyers Weekly No. 10-031-14)
Conviction vacated where evidence insufficient to prove sex offender acquired secondary residence without notifying police. Admission of "staying" at location lacking permanence evidence insufficient under statute.
Commonwealth v. Hart (Lawyers Weekly No. 10-029-14)
Guilty plea to resisting arrest vacated where prosecution offered no facts establishing the statutory elements of force, threats, or substantial injury risk at plea hearing.
Commonwealth v. Martin (Lawyers Weekly No. 10-030-14)
Defendant convicted of murder under felony-murder rule with armed robbery predicate. Court affirmed, holding statements validly obtained, sufficiency of circumstantial evidence for robbery established.
Commonwealth v. Bynoe (Lawyers Weekly No. 11-016-14)
When probation condition requires treatment program completion without specifying a deadline, probationer must comply within reasonably prompt period as established by probation officer.
Doe, Sex Offender Registry Board No. 151564 v. Sex Offender Registry Board (Lawyers Weekly No. 11-015-14)
Sex offender entitled to expert witness funds to address scientific evidence on age and recidivism; hearing examiner's unguided review of complex studies was arbitrary and capricious.
Commonwealth v. Wadlington (Lawyers Weekly No. 10-024-14)
First-degree murder conviction affirmed where jury properly convicted on three alternative theories despite instructional omissions that caused no prejudice.
Commonwealth v. Joyner (Lawyers Weekly No. 10-025-14)
Armed robbery conviction affirmed where latent fingerprint evidence from crime scene matched defendant's thumb print under ACE-V methodology, without need for statistical evidence of accuracy.