Commonwealth v. Neves (Lawyers Weekly No. 10-072-16)
Defendant convicted of felony-murder in taxicab driver's death. Miranda waiver valid; some statements involuntary but harmless. Conviction affirmed.
Weekly
Commonwealth v. Stevenson (Lawyers Weekly No. 10-071-16)
Sexual assault indictments based solely on hearsay grand jury testimony permissible absent extraordinary circumstances, even when direct testimony available.
Federal National Mortgage Association v. Rego, et al. (Lawyers Weekly No. 10-069-16)
Mortgagee's attorneys may conduct foreclosure without separate written authorization. Housing Court may hear consumer protection counterclaims in summary process if they affect possession rights.
Commonwealth v. Beal (Lawyers Weekly No. 10-070-16)
Conviction for shooting affirmed; duplicative assault conviction and armed career criminal enhancement reversed. Residual clause of Massachusetts ACCA held unconstitutionally vague.
Guardianship of B.V.G. (Lawyers Weekly No. 10-068-16)
Grandfather entitled to intervene in guardianship proceedings as "interested person" seeking to limit father-guardian's restrictions on their contact, where daughter expressed desire for relationship with him.
Commonwealth v. Lodge (Lawyers Weekly No. 11-057-16)
Affirmed conviction for unlicensed firearm possession. Prosecutor's opening statement reference to school shootings was not reversible error; defendant's post-Miranda statements exposed to closing argument comment.
Commonwealth v. Valentin (Lawyers Weekly No. 10-067-16)
Murder conviction affirmed despite improper admission of unrelated weapons evidence. Reasonable provocation instruction properly denied when victim ended relationship hours before shooting.
Allen v. Allen (Lawyers Weekly No. 11-056-16)
Appeal from ex parte abuse prevention order dismissed as moot where order was terminated at hearing after notice, providing defendant all available relief.
Quinn v. Gjoni (Lawyers Weekly No. 11-055-16)
Appeal dismissed as moot after abuse prevention order was vacated. First Amendment arguments could not be reached where neither party retained cognizable interest in the terminated order.
Commonwealth v. Nguyen (Lawyers Weekly No. 11-054-16)
Ineffective assistance of counsel claim regarding immigration consequences fails where defendant enjoys protected status under U.S.-Vietnam repatriation agreement preventing deportation.