Commonwealth v. Carney (Lawyers Weekly No. 10-125-15)
Murder conviction affirmed where autopsy photo, firearm evidence, and prosecutor's improper emotional appeal did not deny fair trial.
Weekly
Rodriguez v. City of Somerville (Lawyers Weekly No. 10-124-15)
Letter to mayor requesting incident reports constituted inadequate presentment under Tort Claims Act; appeared to be public records request rather than actual claim presentation.
Groton-Dunstable Regional School Committee v. Groton-Dunstable Educators Association (Lawyers Weekly No. 11-075-15)
Statutory arbitration process for teacher terminations is exclusive remedy; collective bargaining agreement arbitration procedures cannot bypass statute.
Commonwealth v. Scesny (Lawyers Weekly No. 10-120-15)
Murder conviction affirmed; rape conviction reversed. DNA evidence sufficient for murder but insufficient to prove lack of consent for rape charge.
Wong v. Luu, et al. (Lawyers Weekly No. 10-121-15)
Attorney sanctioned $239,928 for solicitation letter derailing settlement negotiations; Supreme Judicial Court reversed, holding inherent power to assess attorney fees limited to conduct threatening fair administration of justice.
Carrington v. Commonwealth (Lawyers Weekly No. 10-123-15)
Defendant convicted of larceny sought extraordinary relief after prosecutor entered partial nolle prosequi. Court held he had adequate remedy through standard appeal.
Pinti, et al. v. Emigrant Mortgage Company, Inc., et al. (Lawyers Weekly No. 10-122-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Mulgrave (Lawyers Weekly No. 10-119-15)
Affirmed conviction for first-degree murder. Text message sent by victim minutes before attack admissible as spontaneous utterance under hearsay exception; cellular technology supports spontaneity despite written form.
Commonwealth v. Alcide (Lawyers Weekly No. 10-118-15)
First-degree murder conviction vacated where trial counsel rendered constitutionally ineffective assistance by failing to investigate defense, develop exculpatory evidence, or challenge unreliable identifications.
DeMatos v. Commonwealth (Lawyers Weekly No. 10-117-15)
Drug trafficker's petitions for Supreme Judicial Court review denied; direct appeal in Appeals Court is proper forum for sentence challenges.