Forlizzi, et al. v. Commonwealth (Lawyers Weekly No. 10-070-15)
Defendants denied interlocutory review of motion-to-dismiss denial where claims of prosecutorial misconduct involve rights remediable on direct appeal.
Weekly
Commonwealth v. Canning (Lawyers Weekly No. 10-069-15)
Police seeking warrant for marijuana cultivation must establish probable cause defendant lacks legal registration, not just that cultivation is occurring.
Sebago, et al. v. Boston Cab Dispatch, Inc., et al. (and a consolidated case) (Lawyers Weekly No. 10-068-15)
Boston taxi drivers challenged independent contractor classification. Court held drivers were properly classified based on freedom to set hours, keep all fares, and operate independently.
Commonwealth v. Pacheco (Lawyers Weekly No. 11-039-15)
Police properly obtained juvenile's initial Miranda waiver with guardian present but violated his rights by monitoring and interrupting a mid-interrogation request to consult with his guardian.
Galenski v. Town of Erving, et al. (Lawyers Weekly No. 10-067-15)
Retiree eligible for municipal health insurance contributions despite fewer than ten years of town employment. Statutory mandate preempts municipal policy.
Renaud v. Commonwealth (Lawyers Weekly No. 10-066-15)
Reversal of conviction based on insufficient evidence of defendant's identity satisfies statutory eligibility requirement for erroneous conviction compensation.
Reckis, et al. v. Johnson & Johnson, et al. (Lawyers Weekly No. 10-065-15)
Toxic epidermal necrolysis case; failure to warn claim not preempted by federal drug law; expert testimony on causation admitted; fifty million dollar verdict upheld.
Commonwealth v. Jackson (Lawyers Weekly No. 10-064-15)
Defendant convicted of murder denied duress defense. Court holds duress unavailable to both adults and juveniles; noncitizen juror requires showing of prejudice; public trial right procedurally waived.
Commonwealth v. Perez (Lawyers Weekly No. 11-038-15)
Drug possession conviction affirmed despite insufficient probable cause for no-knock warrant; suppression denied where police acted in good faith.
Commonwealth v. Foster (Lawyers Weekly No. 10-063-15)
Murder conviction affirmed where probable cause affidavit established nexus between crime and defendant's residence through his implausible account of items recovered near scene.