Commonwealth v. Keown (Lawyers Weekly No. 10-168-17)
Affirmed murder conviction for poisoning. Laptop warrant had adequate probable cause and particularity despite typographical error and lack of search protocols.
Lawyers
Care and Protection of Walt (Lawyers Weekly No. 10-167-17)
Supreme Judicial Court clarifies when the Department of Children and Families must make reasonable efforts to prevent child removal from parents, rejecting exigent circumstances as an excuse where statutory exceptions do not apply.
Commonwealth v. Kolenovic (Lawyers Weekly No. 10-166-17)
Murder conviction affirmed. Ineffective assistance, improper argument, jury instructions, and evidentiary claims all rejected.
Commonwealth v. Collins (Lawyers Weekly No. 11-135-17)
Appeals court upheld conviction where pretrial photographic identification was unequivocal, distinguishing Commonwealth v. Collins.
Commonwealth v. Morales-Alvarez, et al. (Lawyers Weekly No. 09-020-17)
Court suppresses showup identifications by robbery victim and shooting witness with weak memories or non-distinctive observations, but admits pizza shop owner's identification with strong independent source.
Care and Protection of Vieri (Lawyers Weekly No. 11-136-17)
Grandmother unfit to parent adopted grandson who lived in hoarded, unsanitary home with inadequate food and supervision while engaging in escalating destructive behavior.
Ajemian, et al. v. Yahoo!, Inc. (Lawyers Weekly No. 10-165-17)
Personal representatives of a deceased email account holder may provide lawful consent under the Stored Communications Act for disclosure to manage estate property.
OneBeacon America Insurance Company v. Celanese Corporation (Lawyers Weekly No. 11-134-17)
Insurer offering to defend without reservation of rights gains right to control defense. Insured's mere disagreement over defense strategy, absent genuine conflict of interest, does not justify rejection.
Commonwealth v. Wolfe (Lawyers Weekly No. 10-163-17)
Judge erred instructing jury to disregard absent breathalyzer evidence over defendant's objection in OUI trial. Conviction vacated; new trial ordered.
Commonwealth v. Ehiabhi (Lawyers Weekly No. 10-164-17)
Court held statutory scheme punishing identical drug offense with different mandatory minimums is unambiguous and preserves prosecutorial charging discretion, rejecting lenity rule application and separation of powers challenge.