Commonwealth v. Suriel (Lawyers Weekly No. 11-068-17)
Police had reasonable suspicion to stop vehicle based on observed secretive gun transfer in driveway, not mere possession of firearm.
Appeals Court Opinions
Commonwealth v. Connolly (Lawyers Weekly No. 11-066-17)
Conviction vacated where prosecution's sole evidence was officer's testimony about destroyed surveillance video. Authentication and lay opinion identification foundations were inadequate.
Commonwealth v. Cooper (Lawyers Weekly No. 11-067-17)
Affirmed distribution conviction based on sufficient circumstantial evidence of drug identity; reversed school zone conviction, finding licensure insufficient to satisfy statute's accreditation requirement.
Commonwealth v. Lopez (Lawyers Weekly No. 11-065-17)
Therapeutic mentor's testimony that child lacked imaginative play ability improperly admitted as implicit vouching for victim's credibility; conviction reversed.
Hyannis Anglers Club, Inc., et al. v. Harris Warren Commercial Kitchens, LLC (and a consolidated case) (Lawyers Weekly No. 11-063-17)
Appeals Court reverses on multiple damages in Consumer Protection Act case involving deceptive repair work that caused restaurant fire.
Nguyen v. Arbella Insurance Group (Lawyers Weekly No. 11-064-17)
Homeowner's insurance policy business pursuits exclusion barred coverage for claims arising from insured's police department employment.
Rosado v. Commissioner of Correction, et al. (Lawyers Weekly No. 11-062-17)
Inmate's challenge to gang designation dismissed. STG classification is discretionary administrative action not subject to certiorari review. Loss of prison employment opportunities does not violate due process.
Schultz v. Tilley, et al. (Lawyers Weekly No. 11-061-17)
Insurance application language regarding dog's bite history and prior losses held ambiguous; honest answers under reasonable interpretations are not material misrepresentations.
Federal National Mortgage Association v. Gordon, et al. (Lawyers Weekly No. 11-060-17)
Appeals Court reversed judgment for Fannie Mae in residential trespass action, holding postforeclosure owner barred from suing occupants in actual possession and failed to prove constructive possession.
Commonwealth v. Valentin (Lawyers Weekly No. 11-058-17)
Defendant's conviction for stalking and assault upheld. Forfeiture by wrongdoing doctrine properly applied to admit unavailable witness's hearsay statements where defendant intentionally procured unavailability through threats and pressure.