Commonwealth v. Hanright (Lawyers Weekly No. 10-114-13)
Defendant's notice of intent to offer mental-state expert testimony waives privilege and permits prosecution's expert to access defendant's medical and psychiatric treatment records.
Weekly
Zaniboni v. Massachusetts Trial Court (Lawyers Weekly No. 10-115-13)
Age discrimination appeal improperly filed as interlocutory. Rule 64(a) cannot cure defective appeal or substitute for proper appellate procedures.
Commonwealth v. Domino (Lawyers Weekly No. 10-110-13)
Sex offender failed to register with the registry board, providing false residence information. Court held CPSL mandatory upon conviction and complaint amendment proper despite defendant's ineffective assistance claim.
Commonwealth v. Perkins (and 19 companion cases) (Lawyers Weekly No. 10-111-13)
Officers searched an automobile without warrant after driver's arrest for operating without valid license. Court affirmed suppression of firearm and drugs.
Commonwealth v. Holmes (Lawyers Weekly No. 11-075-13)
Prisoner entitled to credit for time served on vacated conviction against unrelated later sentence, absent banking concerns or double counting.
Sheriff of Suffolk County v. Jail Officers and Employees of Suffolk County (Lawyers Weekly No. 10-109-13)
Discharged jail officer entitled to full back pay despite unemployment period; sheriff waived mitigation defense by raising it years after arbitration award; sovereign immunity bars post-judgment interest.
Cook v. Patient Edu, LLC, et al. (Lawyers Weekly No. 10-105-13)
LLC managers may face individual wage liability if they control and substantially participate in determining the entity's financial policy.
Commonwealth v. Alcequiecz (Lawyers Weekly No. 10-106-13)
Affirmed murder conviction and assault conviction; vacated duplicative armed burglary conviction. Provocation does not mitigate felony-murder; killing occurring minutes after entry qualifies as felony-murder.
Commonwealth v. Bundy (Lawyers Weekly No. 10-107-13)
Defendant convicted of child sexual exploitation via Xbox gaming console video chat. Supreme Judicial Court affirmed, holding that transmitted masturbation constitutes a "performance" before a person under statute.
Commonwealth v. Chambers (Lawyers Weekly No. 10-108-13)
Defendant charged with involuntary manslaughter claimed self-defense. Trial judge initially ruled evidence of victim's prior violent conduct admissible, then reversed course during trial. Conviction vacated; new trial ordered.