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.
Appeals Court Opinions
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)
Municipal wetlands by-law prohibiting hydraulic dredging for sea clams is invalid; Wetlands Protection Act nonetheless applies to the fishing operation.
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.
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist carrier did not waive arbitration right by waiting until insured's underlying action concluded. Collateral estoppel does not apply where policy requires arbitration.