Commonwealth v. Carr (Lawyers Weekly No. 10-068-13)
Murder conviction affirmed despite thirty-year delay. Speedy trial claim rejected where defendant evaded prosecution and delayed assertion of rights.
Weekly
Commonwealth v. Alicea (Lawyers Weekly No. 10-066-13)
Conviction for murder in the first degree and assault and battery affirmed where evidence supported extreme atrocity or cruelty theory and eyewitness identification was reliable despite some police procedures.
Commonwealth v. Roy (Lawyers Weekly No. 10-063-13)
Murder conviction affirmed where defendant admitted beating and strangling wife, dumping body in quarry with cement block weight; sufficient evidence of extreme atrocity or cruelty.
DeWolfe v. Hingham Centre, Ltd., et al. (Lawyers Weekly No. 10-064-13)
Real estate broker must exercise reasonable care in representing a property's zoning status; jury question exists on whether broker reasonably relied on seller's information without further investigation.
Commonwealth v. Hanson H., a juvenile (Lawyers Weekly No. 10-065-13)
Mandatory GPS monitoring under G.L. c. 265, § 47 does not apply to juveniles adjudicated delinquent for sex offenses, as the statute's language and structure suggest it applies only to adults, and applying it to juveniles would conflict with the juvenile justice system's rehabilitative principles.
Commonwealth v. Davis (Lawyers Weekly No. 11-050-13)
Drug trafficking conviction reversed due to harmless-error analysis of unconstitutionally admitted drug certificates, despite circumstantial evidence. Wiretap warrant issues affirmed.
Weber v. Coast to Coast Medical, Inc., et al. (Lawyers Weekly No. 11-049-13)
Unpaid sales commissions constitute "wages" under the Massachusetts Wage Act, triggering mandatory treble damages and attorney's fees.
Minkina v. Frankl, et al. (Lawyers Weekly No. 10-061-13)
Supreme Judicial Court affirmed denial of general superintendence relief sought after Superior Court judge denied motions to amend complaint and supplement discovery responses.
Bar Counsel v. Farber (Lawyers Weekly No. 10-062-13)
Absolute immunity under S.J.C. Rule 4:01, § 9 protects bar disciplinary complainants and witnesses from civil liability for complaints, communications, and testimony given to bar counsel and hearing committees, even if the disciplinary proceedings are public.
Commonwealth v. Pacheco (Lawyers Weekly No. 10-060-13)
Trooper smelling marijuana and finding small bag in vehicle lacked probable cause to search trunk without warrant where no criminal amount of marijuana was discovered.