Commonwealth v. Rosa (Lawyers Weekly No. 10-089-14)
First-degree murder conviction affirmed where defendant participated in joint venture with two shooters, despite claiming lack of knowledge about firearms.
Weekly
Commonwealth v. Figueroa (Lawyers Weekly No. 10-085-14)
Court reverses first-degree murder conviction due to erroneous jury instruction on deadlock; upholds warrantless search, showup identification, reasonable doubt instruction, and intoxication instruction.
Commonwealth v. DeJesus (Lawyers Weekly No. 10-086-14)
Defense counsel's advice that a noncitizen client faced "eligibility for deportation" was constitutionally deficient when the conviction would make deportation presumptively mandatory.
Commonwealth v. Sepheus (Lawyers Weekly No. 10-087-14)
Drug possession conviction reversed due to trial counsel's failure to strike improper expert testimony expressing opinion on defendant's guilt, but new trial permitted.
Sorenti Bros., Inc. v. Commonwealth (Lawyers Weekly No. 10-088-14)
Eminent domain damages for impairment of access require either statutory compliance or severe loss of reasonable access to the highway system.
In the Matter of: Haese, Glenn H. (Lawyers Weekly No. 10-084-14)
Attorney disbarred for converting client funds, misappropriating attorney fees, and obtaining loans by misrepresentation. Due process challenge to denial of continuance rejected.
Estate of Gavin v. Tewksbury State Hospital, et al. (Lawyers Weekly No. 10-082-14)
Estate's presentment of Tort Claims Act claim valid even though made before executor appointed; ordinary meaning of "claimant" governs.
New England Forestry Foundation, Inc. v. Board of Assessors of Hawley (Lawyers Weekly No. 10-083-14)
Nonprofit conservation organization qualifies for charitable property tax exemption on forest land where it actively conducts sustainable forestry and environmental protection, though public access not required.
American International Insurance Company v. Robert Seuffer GmbH & Co. KG (Lawyers Weekly No. 10-081-14)
Defendant forfeited personal jurisdiction defense by asserting it in answer but then actively litigating on merits for eighteen months without pursuing the defense.
Beacon South Station Associates, LSE v. Board of Assessors of Boston (Lawyers Weekly No. 11-048-14)
MBTA property leased to private lessee was exempt from taxation in 2009-2010. Statute's plain language and legislative purpose to alleviate transportation authority's financial burden protected all leased property.