Commonwealth v. Garcia (Lawyers Weekly No. 10-062-17)
Conviction reversed where stepdaughter improperly testified about defendant's alleged confession to defendant's wife, violating spousal disqualification rule.
Lawyers
Commonwealth v. Baldwin (Lawyers Weekly No. 10-063-17)
Excited utterance admissibility depends on multiple factors beyond apparent emotional state; calm voice does not bar 911 recording from evidence.
Commonwealth v. Gallagher (Lawyers Weekly No. 11-046-17)
Trooper's opinion that defendant was impaired to operate a motor vehicle violated Canty but harmless error; overwhelming evidence of impairment supported conviction.
Caira v. Zurich American Insurance Co. (Lawyers Weekly No. 11-045-17)
Insurer properly conditioned payment of policy limit on claimant's release of insureds, despite available excess insurance, under Lazaris precedent governing fair settlement practices.
Commonwealth v. Tejeda (Lawyers Weekly No. 10-061-17)
Defendant charged with misleading police officer after swallowing suspected heroin in officer's presence. Court held conduct did not create false impression and did not send investigation astray.
Commonwealth v. Holland (Lawyers Weekly No. 10-060-17)
Murder conviction affirmed where trial counsel's decision to forgo insanity defense in favor of mental impairment defense based on intoxication was tactically reasonable given weak evidence of mental illness.
Gannon v. City of Boston (Lawyers Weekly No. 10-059-17)
Police officer restricted to desk duty after head injuries sued for disability discrimination. Court held the case requires proof of actual capability, not that employer's reasoning was pretextual, and remanded for trial.
Commonwealth v. Morgan (Lawyers Weekly No. 10-058-17)
Veteran charged with OUI second offense may pursue pretrial diversion under VALOR Act, with possibility of dismissal or continuance without finding upon successful completion.
Aiello v. Planning Board of Braintree, et al. (Lawyers Weekly No. 11-044-17)
Residential abutter has standing to appeal planning board decision removing conditions from special permit allowing contractor operations adjacent to his property within the required buffer zone.
Commonwealth v. Hamel (Lawyers Weekly No. 11-043-17)
Medical records showing child's dermatitis inadmissible without expert testimony on causation; prosecutor's improper credibility argument warranted new trial.