Commonwealth v. Riley (Lawyers Weekly No. 11-116-13)
Conviction for second-degree murder affirmed where mother gave child excessive clonidine despite warnings and ignored desperate pleas for medical care.
Weekly
Karatihy v. Commonwealth Flats Development Corp. (Lawyers Weekly No. 11-114-13)
Retaliation claim fails where employee violated attendance policy before and during protected activity, other employees were terminated for similar violations, and plaintiff presented only bare assertions without corroboration.
Commonwealth v. Horne (Lawyers Weekly No. 10-171-13)
Murder conviction vacated; involuntary manslaughter instruction should have been given where defendant fired at darkened window and may not have known it was occupied.
Schifano v. Razzaboni, et al. (Lawyers Weekly No. 10-173-13)
Contempt order in supplementary process affirmed; superintendence review unavailable where petitioner not incarcerated and statute bars appeals.
Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-174-13)
Defendant's petition under G.L. c. 211, § 3 denied where he failed to comply with appellate rule requiring memorandum explaining why adequate review unavailable post-trial.
Commonwealth v. Mistretta (Lawyers Weekly No. 11-112-13)
Assault and battery conviction affirmed; specific unanimity instruction not required where intentional and reckless forms are closely related subcategories of same crime.
Scheffler v. Board of Appeal on Motor Vehicle Liability Policies and Bonds (Lawyers Weekly No. 11-113-13)
Appeals court affirmed registrar's decision to add out-of-state OUI diversion program disposition to motorist's driving record as a "like offense" triggering license suspension.
Franklin Office Park Realty Corp. v. Commissioner of the Department of Environmental Protection (Lawyers Weekly No. 10-172-13)
DEP's interpretation of "willful" violation does not require knowledge of operative facts. Court holds statute clearly requires violator knew or should have known the facts making conduct unlawful.
Aleo v. SLB Toys USA, Inc., et al. (Lawyers Weekly No. 10-169-13)
Toys R Us negligently imported and sold non-compliant pool slide that caused customer's death. Affirmed jury verdict for negligence, breach of warranty, and $18 million punitive damages.
Commonwealth v. Sylvain (Lawyers Weekly No. 10-170-13)
Noncitizen defendant's guilty plea vacatur motion based on counsel's erroneous deportation advice remanded for prejudice findings; Padilla applies retroactively under state law.