Commonwealth v. Bowen (Lawyers Weekly No. 11-022-18)
Defendant who stipulated to two probation violations during a contested hearing did not waive hearing protections requiring knowing and voluntary waiver under Sayyid standard.
Lawyers
WorldWide TechServices, LLC v. Commissioner of Revenue, et al. (and three consolidated cases) (Lawyers Weekly No. 10-032-18)
Appellate Tax Board erred by terminating abatement proceedings after allowing a customer to intervene, then permitting the sellers to withdraw their petitions.
Commonwealth v. Hilaire (Lawyers Weekly No. 11-021-18)
Police stop justified by proximity to crime scene, suspect's likely presence in area based on witness behavior, and gravity of armed robbery, despite six-hour delay and vague description.
Commonwealth v. Rodriguez (Lawyers Weekly No. 11-020-18)
Reversed heroin trafficking conviction where field test evidence was admitted without demonstrating scientific reliability under established standards, particularly significant given chemist misconduct.
Commonwealth v. Jones (Lawyers Weekly No. 10-031-18)
Conviction for first-degree murder affirmed despite defendant's developmental disability. Competency finding upheld; expert opinions not conclusive. Mandatory life sentence without parole on developmentally disabled defendant does not violate Eighth Amendment.
Commonwealth v. Polanco (Lawyers Weekly No. 11-019-18)
Speedy trial rule 36(b) clock begins anew in Superior Court, excluding District Court time. Warrantless entry justified by exigent circumstances. Constructive possession proven by circumstantial evidence.
Pinney v. Commonwealth (Lawyers Weekly No. 10-030-18)
Double jeopardy protection does not bar retrial after mistrial where evidence of murder is legally sufficient when viewed in Commonwealth's light.
Commonwealth v. Buckley (Lawyers Weekly No. 10-029-18)
Traffic stop reasonable under Article 14 when officer observed traffic violation, regardless of officer's underlying motive to investigate suspected drug activity.
Ninety Six, LLC v. Wareham Fire District (Lawyers Weekly No. 11-018-18)
Water betterment assessment statute permits municipalities to consider development potential based on subdivision rules, not zoning requirements alone.
Public Employee Retirement Administration Commission v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-027-18)
Supplemental sick and vacation pay received by a public employee while on workers' compensation does not qualify as regular compensation for retirement purposes.