Zenon v. Commonwealth (Lawyers Weekly No. 10-015-16)
Defendant sought records to prove victim was first aggressor. Trial judge issued protective order. Petition for Supreme Judicial Court relief affirmed; adequate alternative remedies existed.
Weekly
EventMonitor, Inc. v. Leness (Lawyers Weekly No. 10-014-16)
Employer cannot retroactively convert no-cause termination to for-cause based on employee's post-termination copying of proprietary data to secure backup service.
Commonwealth v. Perez (Lawyers Weekly No. 11-014-16)
Bank employee convicted of theft from customer accounts. Forged withdrawal slips and related documents properly authenticated despite lacking required statutory affidavit.
Commonwealth v. Dame (Lawyers Weekly No. 10-010-16)
DNA evidence led to conviction decades after 1974 murder. Court affirmed despite preindictment delay, finding other evidence overwhelming.
Commonwealth v. Morales (Lawyers Weekly No. 10-011-16)
Defendant on bail who defaults by missing court appearance but remains uncustodied is still "on release" and subject to bail revocation if charged with new crime.
Commonwealth v. Fontanez (Lawyers Weekly No. 10-012-16)
Defendant released on recognizance defaulted on appearance, then charged with new crime. Court retains bail revocation authority despite default.
Commonwealth v. Jaiman (Lawyers Weekly No. 10-013-16)
Defendant released on recognizance defaulted by failing to appear. Later charged with new crime. Court held defendant remained "on release" for bail revocation purposes despite default.
Goddard v. Goucher, et al. (Lawyers Weekly No. 11-013-16)
Court upholds rejection of parties' stipulation that purchase and sale agreement was enforceable, finding judge properly distinguished factual admissions from legal conclusions that parties cannot bind the court upon.
Commonwealth v. Laguer (Lawyers Weekly No. 11-011-16)
Appeals Court affirms denial of motion for new trial in 1984 rape conviction, rejecting claims of newly discovered witness testimony, flawed DNA results, and fraudulent plea offer.
Commonwealth v. Mitchell (and two companion cases) (Lawyers Weekly No. 11-010-16)
Murder conviction affirmed for four defendants in stabbing death. Police statements admitted voluntarily; Bruton objection to codefendant's redacted statement rejected; youthful offender sentencing challenge foreclosed by precedent.