Commonwealth v. Warren (Lawyers Weekly No. 10-151-16)
Conviction for firearm possession vacated where investigatory stop lacked reasonable suspicion. Vague suspect description and proximity insufficient; flight alone cannot justify seizure.
Weekly
Commonwealth v. Carter (Lawyers Weekly No. 10-150-16)
Murder conviction under felony-murder rule affirmed where defendant participated in armed robbery as joint venturer. Armed robbery conviction vacated as duplicative. Eyewitness identifications from photographic arrays admissible despite procedural deviations.
Commonwealth v. Wood (Lawyers Weekly No. 11-128-16)
Defendant convicted of assault with dangerous weapon challenging admission of PowerPoint compilation of prior evidence and jury instruction on absence of justification. Affirmed.
Commonwealth v. Teixeira; Commonwealth v. Meade (Lawyers Weekly No. 10-149-16)
Boston Municipal Court judges may order discovery before probable cause hearings under their inherent authority, when appropriately limited and accompanied by protective orders.
Commonwealth v. Adonsoto (Lawyers Weekly No. 10-148-16)
Conviction for operating under the influence affirmed where defendant's failed breathalyzer test, testimony through police-appointed interpreter, and evidence of impairment all admissible; court requires future recording of interpreter-assisted interrogations.
Commonwealth v. Coutu (Lawyers Weekly No. 11-127-16)
Defendant convicted of attempted arson under statute defining attempt to burn property as placing flammable materials with intent eventually to set fire, regardless of success.
Commonwealth v. Smith (Lawyers Weekly No. 11-126-16)
Defendant entitled to evidentiary hearing on Brady claims, recorded attorney-client calls, and witness credibility issues despite years-long delay in raising new trial motion.
Commonwealth v. Iacoviello (and three companion cases) (Lawyers Weekly No. 11-125-16)
Convictions vacated where trial judge erred in refusing to instruct jury on self-defense, voluntary manslaughter, and involuntary manslaughter in fatal shooting case.
Trychon v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 11-124-16)
Employee stated plausible whistleblower retaliation claim under G.L. c. 149, § 185 by alleging disclosures of contract fraud and unsafe track conditions and subsequent retaliatory termination.
Albright v. Boston Scientific Corporation (Lawyers Weekly No. 11-123-16)
Massachusetts Appeals Court vacates judgment for medical device manufacturer where trial court improperly excluded evidence of supplier's caution regarding permanent polypropylene implants and FDA postmarket surveillance letters.