South End Stella & Dot Pop-Up Shop
L'ECOLE NUIT, South End's new lingerie boutique is hosting a Stella & Dot Pop-Up Shop this Thursday, 8/22 at 7:00pm. Come see Fall fashions in jewelry & lingerie. Bring your girlfriends & enjoy an evening of fashion & fun. L' South End Patch News
Commonwealth v. Kindell (Lawyers Weekly No. 11-106-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑987 Appeals Court COMMONWEALTH vs. GINA KINDELL. No. 12‑P‑987. Suffolk. May 9, 2013. ‑ August 21, 2013. Present: Hanlon, Brown, & Agnes, JJ. Evidence, Bias, Cross‑examination. Witness, Bias, Cross‑examination. Constitutional Law, Harmless error. Error, Harmless. Practice, Criminal, Harmless error. Complaint received and sworn to in the Central Division of the Boston Municipal Court Department on May 17, 2011. The case was tried before Annette Forde, J. Anne Ravaud Kealy for the defendant. Cailin M. Campbell, Assistant District Attorney (Spencer Lord, Assistant District Attorney, with her) for the Commonwealth. AGNES, J. The defendant Gina Kindell was found guilty of the lesser included offense of assault and battery after a trial by jury on a complaint charging her with assault and battery by means of a dangerous weapon. She raises several issues on appeal, but only one requires discussion. For the reasons that follow, there must be a new trial because the defendant was deprived of the right to cross-examine the Commonwealth’s only witness as to bias. Background. The Commonwealth’s case was based on the testimony of a single witness, James Hubbard, whose stepson Steven Kindell was married to the defendant. The defendant did not testify. In brief, the jury heard Hubbard testify that on the evening of April 21, 2011, he was in a pizza shop across the street from his apartment. He did not see the defendant enter the shop as his back was toward the entrance. He testified that, without any provocation on his part, the defendant came up to him and began to swear and yell at him. The shop owner asked them to leave. According to Hubbard, when the pair went outside, the defendant put her purse against a nearby fence and, without warning, punched him in the face. He responded by hitting her with an open hand and knocking her to the ground. She got up and lunged at him. He felt something sharp, and when he touched his forearm through his winter coat he felt and saw blood. Hubbard also testified that he saw an ice pick in the defendant’s hand. He took out his cellular telephone to call the police, but it fell to the ground. He testified that as he tried to pick it up, the defendant struck him five […]
Cooking the Budget: Bake Your Way to a Lower Grocery Bill
Take a bite out of your grocery bill and preserve the flavors of summer through winter with these simple recipes. South End Patch News
Francesca’s Cafe Closes Its Doors For Good
The cafe at the corner of Tremont and Clarendon has shut down. South End Patch News
Multiple Men Charged with Stomping a Man on Shawmut Avenue
A man was attacked by multiple young men on Saturday morning. South End Patch News
What’s the Going Rate for a Generator?
Don’t feel like reliving the pioneer days this storm season? A generator is your best bet, but what does it cost to keep your life up and running? South End Patch News
Trading a Cubicle for a Candle Workshop
A 9-to-5 job isn’t the only way to make money. Some people are putting their hobbies to work and making a living doing what they love. South End Patch News
Group Wants Marathon Route to Bloom Boston Strong
Gardening groups and others will plant daffodils along the entire Boston Marathon route. South End Patch News
Norfolk & Dedham Mutual Fire Insurance Company v. National Continental Insurance Company (Lawyers Weekly No. 11-099-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑1207 Appeals Court NORFOLK & DEDHAM MUTUAL FIRE INSURANCE COMPANY vs. NATIONAL CONTINENTAL INSURANCE COMPANY. No. 12‑P‑1207. August 14, 2013. Insurance, Motor vehicle insurance, Notice, Cancellation. Motor Vehicle, Insurance. Registrar of Motor Vehicles. Notice, Cancellation of insurance. The question is whether the defendant, National Continental Insurance Company (National), “immediately upon the intended effective date of the cancellation of [an automobile insurance] policy . . . forwarded to the registrar of motor vehicles a notice, in such form as he may prescribe, containing such information to apprise the registrar of the particular motor vehicle registration on which the insurance is intended to be cancelled.”[1] G. L. c. 175, § 113A(2), as amended by St. 1990, c. 287, § 1. The facts are these:[2] National issued a commercial automobile policy to Genivaldo DeSousa on March 7, 2009.[3] On October 13, 2009, National notified DeSousa that the policy would be canceled effective November 3, 2009, at 12:01 A.M. for nonpayment of premiums.[4] DeSousa did not pay. On November 4, 2009, therefore, National notified DeSousa that his policy had been canceled as previously warned. Two days later, on November 6, 2009, National electronically notified the registry of motor vehicles (RMV) (in a form known as a send report) that DeSousa’s policy had been canceled effective November 3, 2009. The send report was in the form prescribed by the RMV in the sense that it supplied all the information required by the RMV including, among other things, the correct policy number, vehicle identification number, and license plate number. However, it incorrectly identified DeSousa as a corporation rather than as an individual.[5] Three days later, on November 9, 2009, the RMV electronically notified National of the error (in a form known as a return report). On November 17, 2009, National sent a second send report correctly identifying DeSousa as an individual. The RMV accepted the corrected send report that same day and accepted the cancellation of DeSousa’s policy effective November 3, 2009.[6] A few weeks later, on December 7, 2009, DeSousa was in an accident with Eddy Guillaume, who was insured by the plaintiff, Norfolk & Dedham Mutual Fire Insurance Company (Norfolk & Dedham). Norfolk & Dedham brought the underlying action, pursuant to G. L. c. 175, § 113, and G. L. c. 214, § 3(9), to reach and apply National’s policy in payment […]