Brown, et al. v. Kalicki, et al. (Lawyers Weekly No. 11-153-16)
Accreted beachfront acquired by littoral owners automatically becomes registered land upon formation, shielding it from prescriptive easement claims by nonowners.
Category Appeals Court Opinions
Fehrm-Cappuccino v. Cappuccino (Lawyers Weekly No. 11-152-16)
Appeals Court vacates downward child support modification and remands on multiple grounds involving rental income, household contributions, earning capacity attribution, and contempt findings.
Commonwealth v. Nicoleau (Lawyers Weekly No. 11-151-16)
Police improperly seized and inventoried defendant's backpack when grandmother was present and willing to accept his belongings.
Commonwealth v. Ferreira (Lawyers Weekly No. 11-149-16)
Acquittal of murder does not bar subsequent perjury prosecution where jury could have believed witness testimony yet acquitted defendant based on other legal grounds.
Commonwealth v. Burnham (Lawyers Weekly No. 11-148-16)
Reversed. An OUI citation issued 4.5 months after a single-car accident, without statutory justification under Massachusetts traffic citation law, must be dismissed.
Commonwealth v. Veronneau (Lawyers Weekly No. 11-147-16)
Conviction for carrying loaded firearm while intoxicated upheld despite acquittal on DUI charge; court holds inconsistency legally permissible given different activities involved.
Bernier, et al. v. Smitty’s Sports Pub, Inc. (Lawyers Weekly No. 11-146-16)
Bar patron lawfully on premises when he mistakenly opened employee door and fell down unlocked stairwell. Bar negligent in maintenance.
Commonwealth v. Suters (and two companion cases) (Lawyers Weekly No. 11-145-16)
Officers lawfully entered home for water emergency. Warrantless entry into closed basement room violated Fourth Amendment. However, defendant's assault on officer created independent probable cause for arrest, dissipating illegality's taint.
Thompson, et al. v. Civil Service Commission, et al. (and a companion case) (Lawyers Weekly No. 11-144-16)
Positive hair test results alone insufficient to establish just cause for police officer termination; Civil Service Commission properly weighed additional evidence; civil service law controls over conflicting collective bargaining agreement language.
Commonwealth v. Lacoy (Lawyers Weekly No. 11-143-16)
Murder conviction affirmed where defendant stabbed victim in heart, concealed evidence, and offered implausible self-defense claim despite overwhelming evidence of motive and planning.