Commonwealth v. James (Lawyers Weekly No. 10-125-17)
Juvenile convicted of first-degree murder remains subject to postconviction gatekeeper provision despite resentencing to life with parole eligibility.
Weekly
Commonwealth v. Jones (Lawyers Weekly No. 12-095-17)
Court denies Commonwealth's motion to compel defendant to produce PIN code for seized cellular phone under Fifth Amendment foregone conclusion exception.
Commonwealth v. Field (Lawyers Weekly No. 10-126-17)
Murder conviction affirmed where trial counsel's failure to consult mental health expert was error but did not affect premeditation verdict given overwhelming independent evidence of planning.
D & H Distributing Company v. Commissioner of Revenue (Lawyers Weekly No. 10-124-17)
Wholesaler responsible for collecting sales tax on drop shipment transactions involving out-of-state retailers; dormant commerce clause challenge rejected.
Rodriguez v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 11-099-17)
Monthly MBTA pass holder sued for breach of contract after severe winter storms caused service disruptions. Court affirmed dismissal, finding no enforceable contract with sufficiently definite material terms.
Massachusetts Fine Wines & Spirits, LLC v. Alcoholic Beverages Control Commission (Lawyers Weekly No. 12-094-17)
Retailer's cost calculation including earned but undocumented cumulative quantity discounts does not violate minimum pricing rules where calculation reflects actual net cost.
Niles v. Huntington Controls, Inc., et al. (Lawyers Weekly No. 11-100-17)
HVAC technician's onsite software installation and system testing work qualifies as prevailing wage construction work, despite occurring after physical component installation.
Commonwealth v. Wallace (Lawyers Weekly No. 11-098-17)
Defendant failed to show chemist misconduct in separate case warranted withdrawal of guilty plea where chemist played no role in current case and defendant received promised concurrent sentence benefit.
Commonwealth v. Marcus M., a juvenile (Lawyers Weekly No. 11-097-17)
Judicial notice of CARI records alone insufficient to establish probation violations; remanded for resentencing based on properly proven firearm violation.
Commonwealth v. Cotto (and related cases) (Lawyers Weekly No. 12-092-17)
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