Commonwealth v. Miller (Lawyers Weekly No. 10-129-16)
Murder conviction affirmed where defendant lacked standing to challenge basement search and new trial denied despite juror concerns about extraneous materials.
Weekly
ENGIE Gas & LNG LLC v. Department of Public Utilities (and another case) (Lawyers Weekly No. 10-128-16)
Court invalidates Department of Public Utilities order allowing electric distribution companies to purchase natural gas pipeline capacity using ratepayer funds.
Commonwealth v. Valdez (Lawyers Weekly No. 10-127-16)
Defendant convicted in 1989 of motor vehicle larceny moved to vacate, claiming judge failed to warn of exclusion from U.S. admission risk. Supreme Judicial Court vacated conviction and remanded for new trial.
Commonwealth v. Neary-French (Lawyers Weekly No. 10-126-16)
Defendant has no right to counsel when deciding whether to submit to breathalyzer test, even after 2003 amendments created per se OUI violation based on .08 blood alcohol level.
Three Registered Voters v. Board of Selectmen of Lynnfield, et al. (Lawyers Weekly No. 11-101-16)
Registered voters challenged town administrator appointment procedures under the Open Meeting Law. Court affirmed dismissal, holding the notice was adequate, no public discussion of complaints was required, and private interviews did not violate the statute.
Commonwealth v. Riz (Lawyers Weekly No. 11-100-16)
Probation condition forbidding defendant from "minimizing" his sexual crimes violates due process as unconstitutionally vague.
McLaughlin, et al. v. American States Insurance Company (Lawyers Weekly No. 11-099-16)
Property owners recovered attorney's fees as damages when their insurer wrongfully delayed settlement of a claim for negligent well drilling that contaminated coastal landscaping with salt water.
Suffolk Construction Company, Inc. v. Benchmark Mechanical Systems, Inc., et al. (Lawyers Weekly No. 10-125-16)
Construction company seeks recovery of surplus after paying debt owed by subcontractor. Statute of limitations bars common-law claims but equitable claims for subrogation and unjust enrichment remain viable.
Commonwealth v. Brangan (Lawyers Weekly No. 10-124-16)
Mistrial order granted after jury verdict remains unappeallable when motion was brought before verdict; judge's deferral of ruling served judicial efficiency and fairness.
The First Marblehead Corporation, et al. v. Commissioner of Revenue (Lawyers Weekly No. 10-122-16)
Tax assessment of holding company with securitized student loans upheld; apportionment formula passes internal consistency test under dormant commerce clause.