Commonwealth v. Harris (Lawyers Weekly No. 11-031-18)
Police unlawfully stopped and seized defendant based on stale "casing" report. Officers lacked reasonable suspicion when they requested identification and conducted record checks.
Appeals Court Opinions
Bruno, et al. v. Zoning Board of Appeals of Tisbury, et al. (Lawyers Weekly No. 11-032-18)
Statute of limitations for zoning enforcement action to compel removal of structure commences when conveyance separates nonconforming lots, not when ANR subdivision plan is endorsed.
Citadel Realty, LLC v. Endeavor Capital North, LLC, et al. (Lawyers Weekly No. 11-033-18)
Scope of interlocutory appeal under lis pendens statute; mortgagee's duty of good faith in foreclosure sale when mortgagee is also the buyer; failure to discharge prior mortgage.
Commonwealth v. Sutherland (Lawyers Weekly No. 11-034-18)
Heroin possession conviction affirmed despite erroneous admission of appearance-based expert testimony, based on substantial admissible evidence of intent to distribute and defendant's own incriminating statements.
Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., et al. (Lawyers Weekly No. 11-030-18)
Guarantor's obligations survive settlement of principal obligor's debt absent explicit contractual language providing otherwise; plain terms of guaranty control.
Commonwealth v. Gonzalez (Lawyers Weekly No. 11-028-18)
Drug trafficking stop upheld despite insufficient record on informant's prior tip history; substitute chemist testimony permitted under Sixth Amendment confrontation clause.
Commonwealth v. Fredericq (Lawyers Weekly No. 11-029-18)
Reversed in part and affirmed in part. Real-time cell-site location tracking without a warrant violated the defendant's rights, but cocaine in a common attic crawl space remained admissible.
Skiffington v. Liberty Mutual Insurance Company (Lawyers Weekly No. 11-027-18)
Insured failed to prove actual costs for substitute transportation; standard policy covers loss-of-use damages only when claimant incurs documented expenses.
Commonwealth v. Proia (Lawyers Weekly No. 11-025-18)
Affirmed conviction for heroin possession. Evidence of prior search admissible to show knowledge; sufficient evidence of constructive possession based on defendant's particular relationship to bedroom location.
King v. Shank, et al (and a companion case) (Lawyers Weekly No. 11-026-18)
Recall election proceedings must satisfy procedural requirements but courts cannot scrutinize the substantive adequacy of grounds for recall.