Maslow v. O’Connor (Lawyers Weekly No. 11-040-18)
Private way abutters retain right to cross filled tidelands and access remaining tidelands where Chapter 91 license conditions preserved preexisting access rights.
Category Appeals Court Opinions
Commonwealth v. Anitus (Lawyers Weekly No. 11-041-18)
DNA evidence on crime scene objects alone insufficient for conviction; must establish when DNA deposited. Affirmed reversal based on insufficiency of evidence.
St. Laurent, et al. v. Middleborough Gas & Electric Department (Lawyers Weekly No. 11-039-18)
Municipal gas and electric department qualifies as public employer under Massachusetts Tort Claims Act despite separate legal status from town.
Commonwealth v. Lujan (Lawyers Weekly No. 11-038-18)
Statements suppressed where defendant questioned through untrained interpreter in non-primary language with numerous mistranslations and leading questions.
Cournoyer v. Department of State Police, et al. (Lawyers Weekly No. 11-037-18)
Former State police trooper medically retired in 2000 sought reinstatement; department required recruit training. Court held statute unambiguously grants colonel discretion to require academy training.
Butler v. Turco, et al. (and a companion case) (Lawyers Weekly No. 11-036-18)
Inmates challenged a prison incentive program that withdrew privileges for refusing treatment. Court affirmed that loss of housing seniority and jobs raised no constitutional concerns.
Commonwealth v. Moore (Lawyers Weekly No. 11-035-18)
Judge cannot dismiss adult defendant's charge prior to arraignment after clerk-magistrate finds probable cause. Motion to dismiss must be heard after arraignment at pretrial conference or trial session.
Commonwealth v. Harris (Lawyers Weekly No. 11-031-18)
Police unlawfully stopped and seized defendant based on stale "casing" report. Officers lacked reasonable suspicion when they requested identification and conducted record checks.
Bruno, et al. v. Zoning Board of Appeals of Tisbury, et al. (Lawyers Weekly No. 11-032-18)
Statute of limitations for zoning enforcement action to compel removal of structure commences when conveyance separates nonconforming lots, not when ANR subdivision plan is endorsed.
Citadel Realty, LLC v. Endeavor Capital North, LLC, et al. (Lawyers Weekly No. 11-033-18)
Scope of interlocutory appeal under lis pendens statute; mortgagee's duty of good faith in foreclosure sale when mortgagee is also the buyer; failure to discharge prior mortgage.