Commonwealth v. Winquist (Lawyers Weekly No. 11-085-15)
Second-degree murder convictions affirmed where joint venture exception to hearsay rule permitted admission of co-conspirator statements made years after crime concerning witness intimidation.
Weekly
Murray v. Town of Hudson, et al. (Lawyers Weekly No. 10-135-15)
Visiting student-athlete injured in town-owned bullpen. Town liable for negligence despite recreational use statute when hosting interscholastic athletic event.
Commonwealth v. Evans (Lawyers Weekly No. 11-084-15)
Officers seized defendant without reasonable suspicion when questioning escalated from vehicle to sidewalk intrusion during early morning encounter.
Barrie-Chivian, et al. v. Lepler (Lawyers Weekly No. 11-083-15)
Promissory estoppel can overcome Statute of Frauds defense when defendant induced reliance on oral loan guaranty promises he never memorialized in writing.
Pugsley v. Police Department of Boston, et al. (Lawyers Weekly No. 10-133-15)
Male police applicant lacked standing to challenge preferential hiring of female candidates because his injury was speculative. Court also held statistical gender disparities insufficient for BFOQ defense.
Rosencranz v. Commonwealth (Lawyers Weekly No. 10-134-15)
Defendant cannot use chapter 211, section 3, to obtain interlocutory review of denial of motion to dismiss based on speedy trial violation.
Barounis v. Barounis, et al. (Lawyers Weekly No. 11-081-15)
Affirmed as modified. 2003 will admitted in full; 2004 will rejected where testator lacked knowledge of contents despite testamentary capacity.
Commonwealth v. Porter (Lawyers Weekly No. 11-082-15)
Defendant serving weekend sentence at house of correction failed to report and charged with escape. Court holds constructive custody and temporary release between weekend commitments supports escape conviction.
Commonwealth v. Roberts (Lawyers Weekly No. 10-132-15)
Defendant must show reasonable probability he would not have pleaded guilty had judge warned of possible civil confinement as sexually dangerous person, despite such consequence being collateral rather than direct.
Commonwealth v. Lopez (Lawyers Weekly No. 11-079-15)
Unprovoked punch to delivery person's head causing fatal skull fracture constituted involuntary manslaughter by wanton and reckless conduct; felony-murder submission did not prejudice conviction.