Adoption of Zak (and two companion cases) (Lawyers Weekly No. 11-004-17)
Parents retain standing to participate in remand hearing on posttermination visitation following termination of parental rights when visitation was part of original proceeding.
Appeals Court Opinions
Commonwealth v. Cawthron (and three companion cases) (Lawyers Weekly No. 11-003-17)
Police witnessed suspected drug transaction in parking lot, approached defendants at their cars, separated them, and asked brief investigative questions. Encounter was Terry stop, not custodial interrogation requiring Miranda warnings.
Alves v. Massachusetts State Police, et al. (Lawyers Weekly No. 11-001-17)
Issue preclusion bars relitigation of probable cause findings from federal civil rights suit in subsequent state negligence action.
Commonwealth v. Antone (Lawyers Weekly No. 11-002-17)
Defendant convicted of cocaine trafficking after guilty plea denied motion to vacate based on chemist misconduct where substantial independent evidence and significant sentence reduction supported plea.
Commonwealth v. Doe (Lawyers Weekly No. 11-180-16)
Appeals court vacates denial of record sealing in case terminated by nolle prosequi, rejecting requirement defendant prove job rejection.
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.
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NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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.