Latest 2 Cases: Commonwealth v. Lougee (Criminal Law), Goreham v. Martins (Landlord - Tenant)

Trump’s Upcoming Refusal to Leave Office: The Good News

NEIL H. BUCHANAN

In this two-part series of columns, UF Levin College of Law professor Neil H. Buchanan discusses some new reasons for guarded optimism that Americans are beginning to recognize—and thus might be able to mitigate—the danger Donald Trump represents to American democracy. In this first part, Buchanan grounds his guarded optimism in Joe Biden’s expressly voicing concern that Trump will not leave the White House if he loses the election.

Read More

How the President and Attorney General Could Have Avoided the Geoffrey Berman Debacle

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on the recent dispute over the U.S. Attorney for the Southern District of New York and explains what President Trump and Attorney General Barr could have done to avoid the problem altogether. Amar describes a process that, if followed, could have allowed the administration to appoint their first-choice candidate without causing the controversy in which it now finds itself.

Read More

Commonwealth v. Lougee

Docket: SJC-12949; 12950; 12955

Opinion Date: June 22, 2020

Judge: Ralph D. Gants

Areas of Law: Criminal Law

The Supreme Judicial Court declared that periods of delay resulting from trial continuances pursuant to the Court's emergency orders should be excluded from the computation of time limits on pretrial detention under Mass. Gen. Laws ch. 276, 58A and 58B. In response to the COVID-19 pandemic, the Supreme Judicial Court issued a series of emergency orders designated to protect the public health by minimizing the need for in-person proceedings at court houses. In the orders, the Court continued all criminal jury trials to a date no earlier than September 8, 2020 and declared that the time periods of the trial continuances shall be excluded from speedy trial computations. At issue in these three cases was whether the periods of delay resulting from continuances pursuant to the Court's emergency orders should be excluded from the computation of statutory time limits on pretrial detention under Mass. Gen. Laws ch. 276, 58A or 58B. The Supreme Judicial Court remanded the cases to the single justice for entry of orders directing the lower courts to reconsider their prior orders releasing Defendants from detention under chapter 276, sections 58A and 58B, holding that the time periods of these continuances must be excluded in computing the time limits on pretrial detention.

Goreham v. Martins

Docket: SJC-12761

Opinion Date: June 22, 2020

Judge: Ralph D. Gants

Areas of Law: Landlord - Tenant, Personal Injury

In this personal injury action, the Supreme Judicial Court held that Tenant was not entitled to personal injury damages based on Landlord's failure keep the driveway reasonably free of snow and ice. Tenant was severely injured when he slipped and fell on ice in the driveway adjacent to the premises he rented. A jury found Landlords negligent for failing to exercise reasonable care in keeping the driveway free of ice. However, the jury rendered a verdict of no liability, finding that Tenant was comparatively negligent and more responsible for the injury than Landlords. Based on the jury's finding, the judge found Landlords not liable on Tenant's additional claims alleging breach of the common-law implied warranty of habitability and violation of the statutory covenant of quiet enjoyment. Tenant appealed, arguing that he should recover personal injury damages on his remaining claims because the jury found Landlords negligent. The Supreme Judicial Court affirmed, holding (1) a tenant may not be awarded personal injury damagers on a claim for breach of the implied warranty of habitability arising from a landlord's failure to keep common areas reasonably free of snow and ice; and (2) in this case, Tenant may not recover personal injury damages under the statutory covenant of quiet enjoyment.