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Defense loses bid to up state’s burden in college rape case
The Appeals Court ruled that rape victims’ fear need not be objectively reasonable, upholding a conviction in a case involving Boston University students.
Criminal – Employment taxes – Mail fraud
Where a defendant was convicted on four counts of failure to collect or pay over employment taxes in violation of 26 U.S.C. §7202 and one count of mail fraud under 18 U.S.C. §1341, the defendant’s convictions should not be reversed despite an instructional error on good faith.
SJC announces revised Model Jury Instructions on Homicide
The Supreme Judicial Court has announced the release of revised Model Jury Instructions on Homicide.
Appeals Court reinstates 93A claim against tobacco company
Massachusetts Appeals Court rules Chapter 93A claims don’t require fraud liability, reviving a tobacco wrongful death lawsuit against Philip Morris.
Consumer protection – Cigarettes – Jury instruction
Where a jury returned a verdict for a defendant tobacco company under G.L.c. 93A, a remand must be ordered because the trial judge erred by giving the jury an instruction that effectively precluded a finding of liability under Chapter 93A unless the jury also found liability under the more restrictive standard for fraud and misrepresentation.
SJC adopts revised model jury instructions on eyewitness IDs
The Massachusetts Supreme Judicial Court has approved revised 2026 model jury instructions on eyewitness identification reflecting recent scientific developments and clearer language.
Criminal – Bad acts instruction
Where a defendant was convicted of one count of indecent assault and battery on a person over age 14, the conviction must be vacated because it was prejudicial error not to provide a jury instruction on bad acts after the defendant requested such an instruction.
Habeas corpus – Instructional error – 18 U.S.C. §924(c)
Where a petitioner moved under 28 U.S.C. §2255 to vacate his two convictions for violating 18 U.S.C. §924(c), a U.S. District Court judge’s decision to deny the motion should be affirmed despite the fact that the jury instructions in the petitioner’s trial were rendered erroneous by United States v. Davis, 588 U.S. 445 (2019).
Habeas corpus – Eyewitness identifications – Jury instruction
Where a single justice denied a petition for a writ of habeas corpus pursuant to G.L.c. 248, §1, the single justice did not err or abuse her discretion in denying the petition without a hearing.
Criminal – Missing witness instruction
Where a defendant was convicted by a jury of assault and battery on a family or household member, the conviction must be vacated based on the cumulative prejudicial effect of multiple errors, including the trial judge’s improper missing witness instruction and the prosecutor’s mischaracterization of the medical records.
SJC reverses conviction on illegal firearm possession charge
The SJC vacated a gun conviction, ruling the jury was not instructed that prosecutors must prove beyond a reasonable doubt the defendant lacked a license.
Massachusetts updates jury instructions on eyewitness ID
Massachusetts proposes clearer jury instructions on eyewitness identification to improve juror understanding and reduce wrongful convictions.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
