Another Attempt to Find Optimism in American Politics

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan continues his series of columns attempting to find optimism in what he describes as “post-constitutional life in America.” In this installment, Buchanan notes that President Trump’s reactions to COVID-19 are a reason for optimism because they reflect a fear that a pandemic (and market responses to a pandemic) could threaten his hold on the White House.

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Commonwealth v. Lopez

Docket: SJC-12525

Opinion Date: March 3, 2020

Judge: Budd

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court reversed the judgment of the trial court and set aside Defendant's conviction as a joint venturer of murder in the first degree on the theory of extreme atrocity or cruelty, holding that the evidence presented to the jury was insufficient to establish Defendant's knowing participation in the murder with the required intent beyond a reasonable doubt. At the close of all evidence, Defendant moved for a required finding of not guilty. The motion was denied. After Defendant was convicted, he appealed, arguing that the trial judge erred in denying his motion for a required finding of not guilty. The Supreme Judicial Court agreed, holding (1) the Commonwealth's evidence was insufficient to demonstrate beyond a reasonable doubt Defendant's presence when the victim was stabbed, and therefore, the conviction cannot stand; and (2) retrial of Defendant was barred by the principles of double jeopardy.

Green Mountain Insurance Co. v. Wakelin

Docket: SJC-12760

Opinion Date: March 3, 2020

Judge: Kafker

Areas of Law: Insurance Law

The Supreme Judicial Court affirmed the judgment of the superior court in this insurance dispute, holding that deaths caused by the improper use of a portable generator did not arise out of the uninsured premises as defined by an exclusion in the insurance policy. The Insurer in this case sold a homeowner's policy to Mark Wakelin for a property he owned in Braintree. The policy provided Wakelin protection against personal liability and property damage and contained an exclusion for bodily injury arising out of a premises owned by the insured but not insured under the policy. Wakelin owned a cabin without electrical power in Maine, which was uninsured. Two of Wakelin's children and two of their friends died from carbon monoxide poisoning when a portable generator Wakelin left at the cabin was improperly used. The Insurer initiated this action against Wakelin seeking a judgment declaring that coverage for the wrongful death claims against Wakelin was barred under the exclusion. The superior court denied the Insurer's motion for summary judgment. The Supreme Judicial Court affirmed, holding that the generator was not a condition of the uninsured premises, and therefore, the accident did not arise out of the uninsured premises, and the coverage exclusion at issue did not apply.