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Date Summaries
  
03/04/2013

The summaries of cases for oral argument were prepared by Marc G. Perlin, Professor of Law at Suffolk University Law School. The summaries are not an official part of the court proceedings, and are presented so that those who access the website will have a general understanding of the legal issues in the cases set for oral argument.

 
SJC-11371
RFF Family Partnership LP v. Burns & Levinson LLP
Attorney-Client Privilege-- In a legal malpractice action against a law firm, whether attorney-client privilege protects communications among the partners of the firm regarding the claimed malpractice against discovery.
 

SJC-11208
Commonwealth v. Smeaton
Search and Seizure-- In a prosecution for motor vehicle violations, the Commonwealth is appealing the allowance of a motion to suppress where the defendant's vehicle was stopped by a college police officer on a public road.

 

SJC-11271
Drakopoulos v. US Bank National Association
Mortgages-- Whether an assignee and loan servicer of a residential mortgage may be liable for violations of Massachusetts law regarding mortgage loan practices arising out of a refinancing.

 

SJC-11235
Commonwealth v. Santos
Search and Seizure-- Where police officers believe that a person had the authority to consent to a search, whether the officers must make a diligent inquiry of the person before searching the premises.

 

SJC-11237
Commonwealth v. Humphries
Criminal-- Various issues arising out of firearms conviction on a joint venture theory, including whether placing the burden on the defendant to show that his joint venturer lawfully possessed a firearm violated due process.

 

SJC-11278
Commonwealth v. Gomes
Criminal; Sentencing-- Whether the defendant's sentence after a rape conviction should be vacated where the sentencing judge commented that the defendant's trial testimony was "not really believable at all".

  
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