Santana v. Commonwealth (Lawyers Weekly No. 11-138-16)
Rape conviction reversed for improper jury instruction does not satisfy erroneous conviction statute's eligibility requirement of grounds tending to establish innocence.
Appeals Court Opinions
Commonwealth v. Muckle (Lawyers Weekly No. 11-139-16)
Intimidation conviction properly tried in municipal court despite statute's reference to witness and juror intimidation; convictions affirmed.
Frost-Stuart v. Stuart (Lawyers Weekly No. 11-137-16)
Appeals court vacates alimony termination where judge improperly applied Alimony Reform Act to pre-act judgment. Remands for consideration of material change in circumstances and recalculation of child support.
JNM Hospitality, Inc. v. McDaid, et al. (Lawyers Weekly No. 11-136-16)
Restaurant tenant sues condominium trustees for interference with lease over parking spaces licensed to postal service; affirmed.
M.C.D. v. D.E.D. (Lawyers Weekly No. 11-135-16)
Expungement of abuse prevention order vacated. Single false allegation insufficient for fraud on court; requires pattern of deliberate scheme.
B.C. v. F.C. (Lawyers Weekly No. 11-134-16)
Abuse prevention order obtained during plaintiff's psychotic episode cannot be expunged from domestic violence registry absent clear evidence of intentional fraud on the court.
Commonwealth v. Rodriguez (Lawyers Weekly No. 11-132-16)
Excited utterance statements by domestic violence victim to police officer were testimonial but admissible because defendant had adequate prior opportunity to cross-examine victim at pretrial dangerousness hearing.
Niedner v. Ortho-McNeil Pharmaceutical, Inc., et al. (Lawyers Weekly No. 11-131-16)
Manufacturer of hormonal birth control patch adequately warned of increased blood clot risk through multiple, plain-language disclosures in product insert.
Commonwealth v. Pearson (Lawyers Weekly No. 11-130-16)
Search warrant upheld as independent source despite preceding unlawful arrest. Homeowner statements sufficiently attenuated from initial illegality.
Commonwealth v. Waller (Lawyers Weekly No. 11-129-16)
Conviction for starving a dog affirmed; probation condition prohibiting animal ownership upheld; random warrantless home inspection condition vacated and remanded.