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| Commonwealth v. Carlino, SJC-09549,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 8, 2007, Decided
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Overview: Because felony-murder was only one theory of conviction in second trial, double jeopardy did not prevent defendant's retrial on that theory even though jury in first trial did not convict him on that ground. Defendant was not entitled to castle law, Mass. Gen. Laws ch. 278, § 8A, instruction because fatal altercation did not occur inside his home.
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| Commonwealth v. Novo, SJC-09690,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 8, 2007, Decided
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Overview: Supreme judicial court rejected defendant's claim of ineffective assistance based on defense counsel's decision not to call three witnesses to testify as to first-degree murder victim's past physical abuse by his mother because testimony could have seriously undermined defendant's sole defense that mother, and not defendant, committed the crime.
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| In re Odetta, No. 06-P-1102,
APPEALS COURT OF MASSACHUSETTS, May 8, 2007, Decided
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Overview: A minor's appeal of a judgment adjudicating her a child in need of services pursuant to Mass. Gen. Laws ch. 119, § 39E, was dismissed, where the minor failed to appeal for a trial de novo pursuant to Mass. Gen. Laws ch. 119, § 39I, before seeking appellate review.
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| Locke v. Grontzos, Docket Number: 02-05172,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 8, 2007, Decided
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Overview: A property lessee was entitled to summary judgment on its indemnification claim against property owners, arising from a pedestrian's negligence action against them that occurred due to her slip and fall on black ice that had formed from water that had dripped off an overhead balcony, as the owners were responsible for maintaining the balcony.
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| Serrano v. Mass. Dep't of Soc. Servs., Opinion No.: 98280, Docket Number: 02-2538-A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 8, 2007, Filed
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Overview: State department of social services' (DSS) child placement decisions were discretionary decisions protected from liability under Mass. Gen. Laws ch. 258, § 10(b), and the mother's false imprisonment claims also failed because DSS had lawful custody of the child under Mass. Gen. Laws ch. 119, § 1.
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