Commonwealth v. Hamel (Lawyers Weekly No. 11-043-17)
Medical records showing child's dermatitis inadmissible without expert testimony on causation; prosecutor's improper credibility argument warranted new trial.
Weekly
Guardianship of K.N. (Lawyers Weekly No. 10-057-17)
Guardian lacks constitutional due process right to counsel in removal proceedings but court may appoint counsel under equitable powers.
Commonwealth v. Felix (Lawyers Weekly No. 10-056-17)
First-degree murder conviction affirmed where evidence of weeks of marital discord, premeditated messaging, calendar entry for "Judgment Day," methodical entry into home, and three-to-five minute ligature strangulation negated heat-of-passion defenses.
Commonwealth v. Delnegro (Lawyers Weekly No. 11-042-17)
Attorney disqualified from representing client in two criminal cases due to status as necessary witness and irreconcilable conflict of interest.
Jane J. v. Commonwealth (Lawyers Weekly No. 11-041-17)
Woman raped in psychiatric hospital by another committed patient sues Commonwealth. Court affirms immunity, holding hospital's coed recreation room access was failure to prevent rather than affirmative act originally causing harm.
In the Matter of Zak, David (Lawyers Weekly No. 10-055-17)
Attorney disbarred for systematic exploitation of vulnerable mortgage foreclosure clients through deceptive advertising, illegal advance fees, unauthorized fee-sharing with nonlawyers, and refusal to return unearned fees.
Commonwealth v. Johnson (Lawyers Weekly No. 11-040-17)
Defendant released on GPS monitoring in domestic violence case; historical location data later searched to connect defendant to unrelated burglary; no reasonable privacy expectation.
Holyoke Mutual Insurance Company in Salem, et al. v. Vibram USA, Inc. (Lawyers Weekly No. 12-031-17)
Insurance companies cannot recoup defense costs advanced under reservation of rights when the policy contains no reimbursement provision, even if a court later determines no coverage existed.
Commonwealth v. Ackerman (Lawyers Weekly No. 10-054-17)
Blood alcohol test from hospital records admissible in DUI prosecution when administered as part of patient's medical treatment following accident.
Commonwealth v. Gulla (Lawyers Weekly No. 10-053-17)
Murder conviction affirmed where trial counsel's tactical choice of diminished capacity over lack of criminal responsibility defense was reasonable, and jury instructions properly refused.