Commonwealth v. Chatman (Lawyers Weekly No. 10-164-13)
Vacated and remanded for evidentiary hearing on competency to stand trial motion in murder conviction, clarifying burden of proof and competency framework.
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Commonwealth v. Rosado (Lawyers Weekly No. 11-109-13)
Appeals Court reverses suppression order for vehicle stop where trooper seized bullwhip believed to be nunchuck, removed driver from car, and handcuffed him based on safety concerns.
Commonwealth v. Felt (Lawyers Weekly No. 10-163-13)
Personal interviews required for sexually dangerous person evaluations where defendant willing to be interviewed; noncompliant examiner's report inadmissible at trial.
Commonwealth v. Hanright (Lawyers Weekly No. 10-161-13)
Defendant indicted for murder and assault crimes arising from associate's armed robbery and escape. Court reversed dismissal, finding probable cause for joint venture liability for escape crimes when defendant knew associate had gun and faced severe penalties.
Massachusetts Teachers’ Retirement System v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-162-13)
Retirement system regulation charging buyback interest from date of service purchased is valid interpretation of silent statute.
Commonwealth v. Marques (Lawyers Weekly No. 11-107-13)
Reversed motion to withdraw plea where Commonwealth failed to prove defendant received statutory immigration warning about admission to sufficient facts.
Sano, et al. v. Tedesco, et al. (Lawyers Weekly No. 11-108-13)
Balconies are individual unit components, but their support beams are common areas subject to shared maintenance costs despite serving only the balconies.
Commonwealth v. Galvin (Lawyers Weekly No. 10-159-13)
Defendant convicted and sentenced after Crime Bill reduced mandatory drug-trafficking minimums applies amendment retroactively to crimes committed before effective date.
Kelley, et al. v. Cambridge Historical Commission, et al. (Lawyers Weekly No. 11-105-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Kindell (Lawyers Weekly No. 11-106-13)
Defendant denied right to cross-examine prosecution's sole witness about bias and motive to fabricate charge; reversal and new trial warranted.