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.
Category Appeals Court Opinions
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.
Creedon v. Haynes (Lawyers Weekly No. 11-169-16)
Father's contempt judgment for failing to designate children as life insurance beneficiaries was announced but never formally entered; second judge improperly dismissed it on mootness grounds.
Commonwealth v. Dancy (Lawyers Weekly No. 11-168-16)
Conviction under firearms penalty enhancement statute reversed where defendant acquitted of required predicate offense.
Commonwealth v. Long (Lawyers Weekly No. 11-167-16)
Homeowner paid deposit for home improvement work including windows. Defendant performed minimal work and abandoned job. Conviction for larceny by false pretenses reversed; insufficient evidence of intent to defraud at time of agreement.
Service Employees International Union, Local 509 v. Department of Mental Health, et al. (Lawyers Weekly No. 11-180-16)
Void privatization contracts cannot spawn valid renewal contracts immune from challenge, though renewal contracts are ordinarily exempt from Pacheco Law requirements.
Rosen v. Rosen (Lawyers Weekly No. 11-166-16)
Father entitled to equitable credit for direct support of child who moved into his home, despite statutory bar on retroactive child support modification absent pending complaint.
Halbach, et al. v. Normandy Real Estate Partners, et al. (Lawyers Weekly No. 11-165-16)
Property owner abutting public sidewalk owes no duty to repair or warn of preexisting defects not caused by owner's acts.
Commonwealth v, Sanders (Lawyers Weekly No. 11-164-16)
Officer had probable cause despite observing no direct exchange, based on suspect's known drug history, unusual hand motions, area reputation, and visible currency.