S.M., et al. v. M.P., et al. (Lawyers Weekly No. 11-089-17)
Open adoption agreement enforcement; adoptive parents' discretion to terminate visitation based on child's undue stress must be exercised in good faith; material breach required.
Category Appeals Court Opinions
Calabria v. Calabria (Lawyers Weekly No. 11-087-17)
Retroactive child support modification allowed where separation agreement expressly provided for retroactive adjustment and modification increased rather than decreased support obligation.
Essex Regional Retirement Board v. Justices of the Salem Division of the District Court Department of the Trial Court, et al. (Lawyers Weekly No. 11-086-17)
Police officer's pension forfeiture upheld for threatening wife with handgun; remanded for constitutional excessiveness analysis.
Commonwealth v. Jordan (Lawyers Weekly No. 11-085-17)
Murder investigation; search warrant for cellular phone records. Court affirmed suppression of text messages, reversed suppression of location data.
Commonwealth v. Martin (Lawyers Weekly No. 11-084-17)
Warrantless police entry into residence following flight from civil marijuana possession stop held unconstitutional absent probable cause for more serious crime or genuine emergency aid circumstances.
Commonwealth v. Lys (Lawyers Weekly No. 11-082-17)
Defendant convicted after guilty plea without immigration consequences warning failed to prove ineffective assistance claim where no substantial defense or alternative plea bargain was available.
Adoption of Ilian (Lawyers Weekly No. 11-083-17)
Father appeals termination of parental rights based on alternative plan for child's paternal cousin. Court affirmed, finding judge properly weighed stable preadoptive placement against uncertain kinship plan.
Commonwealth v. Widener (Lawyers Weekly No. 11-079-17)
Defendant convicted of firearm possession. Motion to suppress denied; exit order justified by safety concerns. Underlying convictions affirmed but ACCA sentence vacated and remanded.
Aqua King Fishery, LLC v. Conservation Commission of Provincetown (Lawyers Weekly No. 11-081-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Commonwealth v. Saywhan (Lawyers Weekly No. 11-080-17)
Protective sweep of upstairs bedroom during arrest warrant execution was unconstitutional despite violent crime, where defendant was handcuffed, cooperative, and no evidence suggested others in home.