Wallace v. PNC Bank, N.A. (Lawyers Weekly No. 10-010-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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

SJC-12261

DAVID C. WALLACE  vs.  PNC BANK, N.A.

January 16, 2018.

Supreme Judicial Court, Superintendence of inferior courts.

David C. Wallace (petitioner) filed a petition in the county court pursuant to G. L. c. 211, § 3 (general superintendence); G. L. c. 249, § 4 (relief in the nature of certiorari); and G. L. c. 249, § 5 (relief in the nature of mandamus), seeking relief from a judgment of the District Court in a summary process proceeding.[1]  He also challenged a decision of the Appellate Division of the District Court affirming the appeal bond ordered by the trial judge in the same summary process proceeding.  The single justice denied the petition without a hearing.  We affirm. read more

Posted by Stephen Sandberg - January 16, 2018 at 4:47 pm

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Miller v. Miller (Lawyers Weekly No. 10-005-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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

SJC-12298

BENJAMIN H. MILLER  vs.  JOANNA ISABELLA MILLER.

Middlesex.     September 6, 2017. – January 12, 2018.

Present:  Gants, C.J., Lenk, Gaziano, Budd, Cypher, & Kafker, JJ.

Divorce and Separation, Child custody.  Minor, Custody.  Parent and Child, Custody.

Complaint for divorce filed in the Middlesex Division of the Probate and Family Court Department on May 20, 2013.

The case was heard by Patricia A. Gorman, J.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. read more

Posted by Stephen Sandberg - January 13, 2018 at 2:55 am

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Cepeda v. Commonwealth (Lawyers Weekly No. 10-007-18)

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

SJC-12387

RONALDO CEPEDA  vs.  COMMONWEALTH.

January 12, 2018.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Indictment, Dismissal.  Youthful Offender Act.

The petitioner, Ronaldo Cepeda, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3.  We affirm.

Cepeda has been indicted for murder in the second degree, stemming from an incident that occurred on October 22, 2015.  Cepeda was sixteen years old at the time.  He moved to dismiss the indictment on the basis that “the Commonwealth failed to present material exculpatory and mitigating evidence to the grand jury, and that the grand jury was not properly instructed regarding the impact of a developing brain on threat response and decision making of a juvenile.”  A judge in the Superior Court denied the motion.  Cepeda then filed his G. L. c. 211, § 3, petition in the county court. read more

Posted by Stephen Sandberg - January 12, 2018 at 11:20 pm

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Elliot v. Commonwealth (Lawyers Weekly No. 10-008-18)

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

SJC-11947

RONNY ELLIOT  vs.  COMMONWEALTH.

January 12, 2018.

Supreme Judicial Court, Superintendence of inferior courts.  Jurisdiction, Juvenile Court, Transfer hearing.  Practice, Criminal, Transfer hearing.  Department of Youth Services.

The petitioner, Ronny Elliot, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3.  We affirm.

In 1995, Elliot was indicted on charges of murder in the first degree, armed assault with intent to murder, and possession of a firearm without a license.  He was seventeen years old at the time.  He was convicted by a Superior Court jury, in 1997, of the lesser offense of murder in the second degree as well as of the other offenses.  This court affirmed the convictions.  See Commonwealth v. Elliot, 430 Mass. 498 (1999).  Elliot subsequently filed a motion for a new trial in 2000, and an amended motion for a new trial in 2003.  After a hearing, the amended motion was denied, in 2008.[1]  The Appeals Court affirmed the order denying the motion for a new trial, and this court denied Elliot’s application for further appellate review.  See Commonwealth v. Elliot, 80 Mass. App. Ct. 1104 (memorandum and order pursuant to rule 1:28), .C., 460 Mass. 1115 (2011). read more

Posted by Stephen Sandberg - January 12, 2018 at 7:46 pm

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Commonwealth v. Curran (Lawyers Weekly No. 10-006-18)

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

SJC-12293

COMMONWEALTH  vs.  EDWARD CURRAN.

Worcester.     September 6, 2017. – January 12, 2018.

Present:  Gants, C.J., Lenk, Gaziano, Budd, Cypher, & Kafker, JJ.

Sex Offender.  Practice, Civil, Sex offender.  Evidence, Sex offender, Expert opinion, Competency, Insanity.  Incompetent Person, Commitment.  Witness, Expert.

Civil action commenced in the Superior Court Department on December 3, 2015.

A pretrial motion to admit expert testimony with regard to criminal responsibility was heard by Richard T. Tucker, J. read more

Posted by Stephen Sandberg - January 12, 2018 at 4:10 pm

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Commonwealth v. Cousin (Lawyers Weekly No. 10-004-18)

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

SJC-12252

COMMONWEALTH  vs.  JOSEPH COUSIN.

Suffolk.     September 5, 2017. – January 11, 2018.

Present:  Gants, C.J., Lenk, Gaziano, Lowy, Cypher, & Kafker, JJ.

Conflict of Interest.  Attorney at Law, Conflict of interest.  Practice, Criminal, Assistance of counsel.

Indictments found and returned in the Superior Court Department on September 4, 2002.

The cases were tried before Nancy Holtz, J., and a motion for a new trial, filed on March 1, 2013, was heard by Janet L. Sanders, J. read more

Posted by Stephen Sandberg - January 11, 2018 at 10:17 pm

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MacDonald v. Jenzabar, Inc., et al. (Lawyers Weekly No. 11-005-18)

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

17-P-45                                         Appeals Court

ALAN MACDONALD  vs.  JENZABAR, INC., & others.[1]

No. 17-P-45.

Suffolk.     October 10, 2017. – January 11, 2018.

Present:  Vuono, Meade, & Kinder, JJ.

Employment, Termination, Severance agreement.  Contract, Employment, Severance agreement, Release from liability, Performance and breach, Construction of contract.  ReleaseCorporation, Stock.

Civil action commenced in the Superior Court Department on August 17, 2012. read more

Posted by Stephen Sandberg - January 11, 2018 at 6:43 pm

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Commonwealth v. Lopes (Lawyers Weekly No. 10-003-18)

Posted by Stephen Sandberg - January 11, 2018 at 7:58 am

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Boston Segway Tours, Inc., et al. v. Danley, et al. (Lawyers Weekly No. 09-066-17)

COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss.                                                                             SUPERIOR COURT

                                                                                                            CIV. NO. 15-1498 BLS 2

 

 

BOSTON SEGWAY TOURS, INC. and IAN MEYER,

Plaintiffs,

 

vs.

 

                        ALLAN DANLEY and EASTERA PHOU

Defendants

 

MEMORANDUM OF DECISION AND ORDER

ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT

 

This case began as a dispute over ownership interests in a company, Boston Segway Tours, Inc. (BST) that offers Boston tours by the use of Segways.  Plaintiff Ian Meyer claimed that he was the full owner, whereas the defendant Allan Danley claimed that he was the owner.  Beyond the question of ownership, each party asserted multiple common law counts against the other, as well as violations of Chapter 93A. Following a jury -waived trial on the limited question of ownership, this Court issued a written opinion determining that Meyer was the full owner.  See Findings of Fact and Rulings of Law dated January 12, 2016 (the January 2016 Decision).  Shortly thereafter, Danley filed for bankruptcy and a Trustee was appointed by the Bankruptcy Court.  The Trustee, on behalf of Danley, filed an Amended Counterclaim in this action.  The case is now before the Court on Cross Motions for Partial Summary Judgment as to the Amended Counterclaim. read more

Posted by Stephen Sandberg - January 11, 2018 at 4:24 am

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Meunier, et al. v. Market Strategies, Inc. (Lawyers Weekly No. 09-067-17)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.                                                                                   SUPERIOR COURT

                                                                                                             Civ. No. 2016-1546-BLS2

JOHN J. MEUNIER, CHRISTY M. WHITE, and

JOHN J. MEUNIER 2012 IRREVOCABLE TRUST

Plaintiffs

vs.

 

 MARKET STRATEGIES, INC.,

Defendant

 

                                                                                                            Consolidated with:

                                                                                                            Civ. No. 2016-3592-BLS2 read more

Posted by Stephen Sandberg - January 11, 2018 at 12:49 am

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