Commonwealth v. Roe (Lawyers Weekly No. 11-181-16)
Conviction reversed where trial judge admitted precluded bad act testimony without prompt curative instruction and failed to limit prejudicial character evidence with jury instructions.
Appeals Court Opinions
Doe, Sex Offender Registry Board No. 376575 v. Sex Offender Registry Board (Lawyers Weekly No. 11-179-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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. Beaulieu (Lawyers Weekly No. 11-178-16)
Mother convicted of assault and battery appealed denial of new trial motion based on victim's recantation. Court affirmed, finding judge properly rejected recantation and did not abuse discretion through pre-testimony warnings about perjury.
Adams v. Congress Auto Insurance Agency, Inc. (Lawyers Weekly No. 11-177-16)
Insurance agency employee misused confidential customer data to aid boyfriend's witness intimidation. Appeals Court reversed summary judgment, holding agency owed duty to protect third parties from foreseeable misuse.
Commonwealth v. Garcia-German (Lawyers Weekly No. 11-176-16)
Warrantless vehicle search at correctional facility parking lot lacked probable cause and did not qualify as permissible administrative search absent written policy governing searches.
DeCroteau v. DeCroteau, et al. (Lawyers Weekly No. 11-175-16)
Shareholder lacks standing to assert corporate claims and failed to establish equitable interest in funeral home property through rent payments alone.
Sullivan v. Smith (Lawyers Weekly No. 11-174-16)
Massachusetts court affirmed child support judgment against nonresident father under UIFSA, finding continuing personal jurisdiction based on father's prior paternity acknowledgment and voluntary appearance.
McIsaac v. Porter (Lawyers Weekly No. 11-172-16)
Abuse prevention order may be made permanent based on victim's reasonable fear arising from past serious physical harm, not requiring fear of imminent harm.
Commonwealth v. Palacios (Lawyers Weekly No. 11-171-16)
OUI conviction affirmed where ambulance and hospital records documenting alcohol consumption were properly admitted and operation sufficiently proven.
P.F. v. Department of Revenue (Lawyers Weekly No. 11-170-16)
Incarcerated payor's child support modification appeal. Court vacates denial of downward modification where judge improperly attributed income and deviated from statutory guidelines.