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.
Appeals Court Opinions
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.
Rass Corporation v. The Travelers Companies, Inc., et al. (Lawyers Weekly No. 11-163-16)
Insurer breached duty to indemnify and violated consumer protection statute by refusing fair settlement contribution and reasonable attorney fees after acknowledging coverage for email-based defamation and trade disparagement claims.
Commonwealth v. Rocheleau (Lawyers Weekly No. 11-162-16)
Shackled defendant's trial conviction upheld as harmless error despite lack of particularized findings justifying physical restraints visible to jury.
Commonwealth v. Vick (Lawyers Weekly No. 11-161-16)
Affirmed conviction for drug possession arising from police station removal of contraband from defendant's buttocks during lawful search incident to arrest.
Commonwealth v. Butler (Lawyers Weekly No. 11-160-16)
Murder conviction affirmed. Jury selection did not violate equal protection; no prima facie case of gender discrimination in prosecutor's peremptory challenges established. Remaining claims rejected.
Commonwealth v. Nelson (Lawyers Weekly No. 11-159-16)
Defendant convicted of drug offenses moved for new trial based on chemist Dookhan's misconduct. Court held defendant must show nexus between misconduct and his case, not merely that problems occurred at laboratory.
Commonwealth v. Mattei (Lawyers Weekly No. 11-157-16)
Affirmed convictions for assault with intent to rape and assault and battery. Substitute DNA analyst's independent opinion admissible; no confrontation violation. Limiting cumulative cross-examination and declining Bowden instruction proper.
Cristo v. Evangelidis (Lawyers Weekly No. 11-158-16)
Human resources director terminated after complaining about coworkers' campaign activities and poor work performance. Court holds employees speaking pursuant to official duties receive no First Amendment protection.
Commonwealth v. Rosario (and a companion case) (Lawyers Weekly No. 11-156-16)
Convictions for drug distribution and school zone violation affirmed. In-court identification admissible where informant had extended observation opportunity. Chain of custody sufficient despite minor discrepancies.