Commonwealth v. Almonte (Lawyers Weekly No. 11-006-14)
Motion to withdraw guilty plea vacated for lack of evidentiary hearing and findings when defendant's affidavit conflicted with plea documents.
Lawyers
Guardianship of L.H. (Lawyers Weekly No. 11-005-14)
Affirmed orders establishing guardianship and authorizing involuntary antipsychotic medication under substituted judgment standard where evidence supported finding that incompetent patient would consent if capable.
Commonwealth v. Fontaine (Lawyers Weekly No. 11-004-14)
Marijuana decriminalization law does not prevent search warrant based on overwhelming odor and indicia of criminal drug distribution; firearm found in hidden compartment admissible under inevitable discovery.
Commonwealth v. Keo (Lawyers Weekly No. 10-013-14)
Murder conviction of sixteen-year-old affirmed; mandatory life sentence without parole vacated as unconstitutional under Miller v. Alabama and Massachusetts law.
Martin v. Simmons Properties, LLC (Lawyers Weekly No. 10-012-14)
Servient estate owner may reduce easement width if narrowed way remains adequate for easement's intended purpose and holder's utility is not significantly lessened.
Care and Protection of Yetta (Lawyers Weekly No. 11-003-14)
Court vacates order imposing custody conditions where judge found no parental unfitness despite concluding children needed care and protection.
Commonwealth v. Gupta (Lawyers Weekly No. 11-002-14)
Stalking conviction affirmed where defendant made 102 threatening calls from India and confronted victim in store, violating restraining order. Threat element requires intent to place victim in imminent fear, not imminent physical harm.
Commonwealth v. Labroad (Lawyers Weekly No. 10-006-14)
Defendant convicted of child rape was entitled to pretrial access to complainant's psychological records documenting her statements about the alleged assault.
Commonwealth v. Demers (Lawyers Weekly No. 10-007-14)
Petitioner denied extraordinary relief where adequate alternative remedy existed: right to appeal Superior Court's denial of trial motions to Appeals Court.
Commonwealth v. Gentile (Lawyers Weekly No. 10-011-14)
Trooper's subjective belief that resident was lying insufficient to establish reasonable belief that arrest warrant subject was present in home at time of entry.