Commonwealth v. Brown (Lawyers Weekly No. 10-086-16)
Murder conviction affirmed where defendant waived Miranda rights voluntarily and jailhouse recordings corroborated consciousness of guilt.
Lawyers
Rosenwasser v. Rosenwasser (Lawyers Weekly No. 11-071-16)
Father who became child's primary custodian sought to relocate to Florida. Court vacated denial of removal request, finding judge gave excessive weight to mother's interests while underweighting father's stress and child's quality-of-life benefits from improved parental circumstances.
Commonwealth v. Moore (Lawyers Weekly No. 10-084-16)
Supreme Judicial Court held that amended Massachusetts Rule of Professional Conduct 3.5(c) permits attorneys to initiate postverdict contact with discharged jurors without prior court approval, effectively overruling Commonwealth v. Fidler.
Bank of America, N.A. v. Casey (Lawyers Weekly No. 10-083-16)
Attorney's affidavit under Massachusetts law may cure a defect in a mortgage's acknowledgment by supplying omitted mortgagor names and confirming voluntary execution.
Commonwealth v. Lopes (Lawyers Weekly No. 11-070-16)
Defendant's Sixth Amendment right to public trial violated when trial court closed courtroom during jury empanelment without exploring reasonable alternatives to accommodate spectators.
Commonwealth v. Trefry (Lawyers Weekly No. 11-069-16)
Dog owner convicted of subjecting animals to cruel conditions in filthy, trash-filled condemned house. Court holds confinement not required element of statute violation.
Duff-Kareores v. Kareores (Lawyers Weekly No. 10-082-16)
Former spouses who cohabit after divorce and remarry may have marriage length extended to include prior marriage and cohabitation periods if they maintained economic marital partnership.
Winbrook Communications Services, Inc., et al. v. United States Liability Insurance Company (Lawyers Weekly No. 11-068-16)
Insurance coverage dispute involving a directors and officers policy. Court reversed summary judgment, finding genuine factual disputes about whether an exclusion applied despite insurer's breach of duty to defend.
Duff, et al. v. McKay, et al. (Lawyers Weekly No. 11-067-16)
Settlement agreement enforceable despite absence of specified payment date; payment timing was subsidiary matter resolvable by professional norms and reasonableness standard.
Commonwealth v. Winquist (Lawyers Weekly No. 10-081-16)
Murder conviction upheld where codefendant's statements made nearly two years after killings were admissible under joint venture exception because concealment efforts remained ongoing.