Commonwealth v. Rivera (Lawyers Weekly No. 10-178-15)
Recusal motion in murder conviction appeal properly denied where single justice had presided over nonevidentiary hearing involving codefendant years earlier on purely legal grounds.
Weekly
Brissette v. Ryan, et al. (Lawyers Weekly No. 11-172-15)
Attorney's negligent Medicaid planning advice deprived clients of valuable life estate in property. Loss of legal rights to alienate and control property constitutes actual damages.
Commonwealth v. Cameron (Lawyers Weekly No. 10-177-15)
DNA evidence of secondary male source, presented without statistical explanation, was improperly admitted and formed linchpin of rape prosecution. New DNA testing revealing secondary source was female, excluding defendant, warranted new trial.
Commonwealth v. Packer (Lawyers Weekly No. 11-171-15)
Stepmother convicted of assaulting stepdaughter denied parental discipline instruction given to biological father. Reversed; in loco parentis analysis required for stepparent discipline defense.
Commonwealth v. Bond (Lawyers Weekly No. 11-170-15)
Defendant denied jail-time credit for days served on vacated prior conviction when applying credit to sentences on unrelated subsequent offenses.
Commonwealth v. Ortiz (Lawyers Weekly No. 11-168-15)
Warrantless inventory search of vehicle unconstitutional when pretextual for drug investigation despite lawful initial stop and arrest.
Commonwealth v. Colon (Lawyers Weekly No. 11-169-15)
Protective sweep of apartment during arrest warrant execution reversed where cooperative defendant opened door and attempted to leave with officers without resistance.
Champa v. Weston Public Schools, et al. (Lawyers Weekly No. 10-176-15)
Settlement agreements between a school district and parents of special education students must be disclosed under Massachusetts public records law after removal of personally identifiable information.
Commonwealth v. Doe (Lawyers Weekly No. 10-175-15)
Defendant with sex offense charge continued without a finding not subject to mandatory GPS monitoring under statute requiring GPS devices for persons placed on probation for sex offenses.
Custody of Victoria (Lawyers Weekly No. 10-174-15)
Massachusetts courts have jurisdiction over custody of unaccompanied refugee minor assigned to state by federal agency where no other state qualifies as home state and best interests favor Massachusetts court.