Commonwealth v. Gray (Lawyers Weekly No. 10-098-13)
Murder conviction affirmed where three attacks on family members were properly joined for trial and ammunition seized from defendant's apartment was admissible under inevitable discovery.
Weekly
Commonwealth v. Bins (Lawyers Weekly No. 10-099-13)
Murder defendant's statement to police in Portuguese was admissible where Miranda warnings, though initially deficient on appointed counsel, were clarified before defendant's statement and defendant demonstrated understanding.
Chardin v. Police Commissioner of Boston, et al. (Lawyers Weekly No. 10-096-13)
Second Amendment challenge to Massachusetts statute permanently disqualifying juveniles adjudicated delinquent for felonies from obtaining firearm licenses. Affirmed.
Mahoney v. American Automobile Insurance Company (Lawyers Weekly No. 11-070-13)
Insurer properly denied optional bodily injury coverage for household member's negligent entrustment of rental car to unauthorized driver, as entrustment constituted use without vehicle owner's consent.
Leder v. Superintendent of Schools of Concord & Concord-Carlyle Regional School District, et al. (Lawyers Weekly No. 10-095-13)
Private party cannot seek civil rescission of municipal action under ethics law without State Ethics Commission finding of violation and municipal agency's request for rescission.
Commonwealth v. Shippee (Lawyers Weekly No. 11-067-13)
Affirmed convictions for indecent assault, assault with intent to kill, assault with intent to maim, and assault by dangerous weapon. Rejected challenges to jury instructions, victim character evidence, and claim of duplicative convictions.
Commonwealth v. Vital (Lawyers Weekly No. 11-068-13)
Priest-penitent privilege does not protect communications when defendant sought pastor's help contacting victim's family to settle abuse case, violating restraining order.
Shahin v. I.E.S. Incorporated (Lawyers Weekly No. 11-069-13)
Appeal from summary judgment dismissing contract and tort claims based on one-year contractual limitations period. Court vacates, finding contractual provision unenforceable because it precludes discovery rule.
Wheatley v. Massachusetts Insurers Insolvency Fund (Lawyers Weekly No. 10-094-13)
Insolvency fund subject to consumer protection liability and must pay attorney's fees when plaintiff prevails in consumer action.
Commonwealth v. Santana (Lawyers Weekly No. 10-093-13)
Murder convictions affirmed despite claims of Miranda violations, improper interrogation after invocation of right to silence, Brady violation regarding witness identification, and Fourth Amendment issues with evidence seizure.