Commonwealth v. Gonzalez (Lawyers Weekly No. 11-111-16)
Affirmed denial of motion to suppress where judge considered suppressed evidence from unrelated case to establish confidential informant's reliability track record.
Appeals Court Opinions
Zoning Board of Appeals of Hanover v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-110-16)
Comprehensive permit application lacking full filing fee was incomplete until full payment received, allowing regulatory safe harbor to apply and limit Housing Appeals Committee review authority.
JB Mortgage Co., LLC v. Ring, et al. (Lawyers Weekly No. 11-109-16)
Guaranty cause of action accrues upon borrower's default when guaranty contains unconditional promise to pay without requiring lender to exhaust remedies against borrower or security.
Tusino v. Zoning Board of Appeals of Douglas, et al. (and a companion case) (Lawyers Weekly No. 11-107-16)
Appeals Court lacks jurisdiction over direct zoning appeal from District Court; Appellate Division has primary jurisdiction after statutory changes extended equity jurisdiction to district courts.
311 West Broadway LLC v. Zoning Board of Appeal of Boston, et al. (Lawyers Weekly No. 11-106-16)
Appeals Court reverses dismissal of zoning appeal after judicial remand. Court retains jurisdiction over timely-filed appeal even when board issues new decision; amendment to complaint need not comply with twenty-day filing deadline.
Commonwealth v. Brantley (Lawyers Weekly No. 11-105-16)
Defendant's convictions for cocaine possession and furnishing a false name affirmed; search valid incident to arrest for fleeing officer; trial counsel's tactical concession on lesser charge reasonable.
Commonwealth v. Daly (Lawyers Weekly No. 11-104-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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. Cruz (Lawyers Weekly No. 11-103-16)
Accredited child care facility for young children qualifies as "preschool" under school zone statute, protecting area 1,000 feet from facility.
Commonwealth v. Guaman (Lawyers Weekly No. 11-102-16)
Defendant's conviction for operating under the influence while causing manslaughter affirmed; felony motor vehicle homicide conviction vacated as duplicative.
Commonwealth v. Guaman (Lawyers Weekly No. 11-102-16)
Affirmed OUI manslaughter conviction; vacated duplicative felony motor vehicle homicide conviction. Continued driving after striking motorcyclist constituted wanton recklessness.