Commonwealth v. Navarro (Lawyers Weekly No. 10-062-16)
Affirmed convictions where counsel failed to request eyewitness identification instruction but evidence of guilt was overwhelming based on accomplice testimony and corroborating evidence.
Weekly
Guardianship of J.T. (Lawyers Weekly No. 10-061-16)
Mother sought to remove guardian and regain custody of child. Court discharged appeal as moot after parties resolved dispute through mediation.
L.B., et al. v. Chief Justice of the Probate and Family Court Department, et al. (Lawyers Weekly No. 10-060-16)
Indigent parents have a constitutional right to appointed counsel when petitioning to remove guardians or modify visitation, provided they present meritorious claims.
Commonwealth v. Silvester (Lawyers Weekly No. 11-047-16)
Affirmed convictions for unlicensed firearm possession and assault. Grand jury testimony of witness feigning memory loss properly admitted; witness remained available for cross-examination.
Commonwealth v. Mattier (Lawyers Weekly No. 10-059-16)
Defendant convicted of conspiracy and fraud sought stay of sentence pending appeal. Court upheld denial of stay where evidence was lawfully obtained and defendant failed to show reasonable possibility of successful appeal.
Martinez, et al. v. Waldstein (Lawyers Weekly No. 11-046-16)
Issue preclusion barred a misrepresentation claim where the prior case had established the plaintiffs' knowledge of facts central to reasonable reliance.
Bayless v. TTS Trio Corporation, et al. (Lawyers Weekly No. 10-058-16)
Affidavit based on information and belief sufficient to satisfy dram shop statute; need not be based on personal knowledge or meet summary judgment standard.
Meikle v. Nurse (Lawyers Weekly No. 10-057-16)
Tenant may assert security deposit law violation as defense to eviction, potentially retaining possession by offsetting damages or paying balance due within one week.
Commonwealth v. Heath (Lawyers Weekly No. 11-045-16)
Appeals Court reverses conviction where police destroyed booking room video recording; Commonwealth failed to preserve material, potentially exculpatory evidence without requiring defense request.
DiMasi v. State Board of Retirement, et al. (Lawyers Weekly No. 10-056-16)
Pension forfeiture upon final conviction requires sentencing, not completion of appeals. Member entitled to return of withheld employee contributions plus interest.