Gassman v. Reason (Lawyers Weekly No. 11-098-16)
Neighbors in public housing. Harassment prevention order extended. Court vacated extension, finding insufficient evidence defendant acted with intent to cause fear.
Appeals Court Opinions
Commonwealth v. Olivier (Lawyers Weekly No. 11-097-16)
Indictment for rape by force charged subsequent offense; defendant convicted of lesser included statutory rape offense. Court held indictment put defendant on notice of potential subsequent offense enhancement for lesser offense.
Adoption of Anisha (Lawyers Weekly No. 11-096-16)
Juvenile Court properly exercised jurisdiction over adoption case where mother secreted newborn out of state; termination of parental rights affirmed based on unfitness.
In the Matter of E.C. (Lawyers Weekly No. 11-095-16)
Dismissal of criminal charges does not terminate hospital authority to petition for continued commitment under § 16(c) when petition was filed before dismissal.
Arsenault v. Bhattacharya (Lawyers Weekly No. 11-094-16)
Dismissal upheld for failure to provide 182-day notice to physician before commencing medical malpractice suit, but reversed because statute contains no express penalty for noncompliance.
Weiss v. City of Cambridge (Lawyers Weekly No. 11-093-16)
Driver must yield to pedestrian in marked crosswalk even with green light. Statute applies generally, not just when following stopped vehicles.
Great Woods, Inc., et al. v. Clemmey (Lawyers Weekly No. 11-092-16)
Permanent injunction preventing neighbor from trespassing and harassing employees extended to successor property owner. No significant change in circumstances warranted relief.
Commonwealth v. Castillo (Lawyers Weekly No. 11-091-16)
Appellate court vacates suppression order where trial judge's findings contradicted her own credited testimony about officer's observations of suspected drug transaction.
Commonwealth v. St. George (Lawyers Weekly No. 11-090-16)
Drug distribution conviction affirmed where officers observed pickup, short suspicious drive to school parking lot, and defendant found with large cash sum and distribution documents.
Jose v. Wells Fargo Bank, N.A. (Lawyers Weekly No. 11-089-16)
Mortgage lender must conduct face-to-face meeting with defaulting borrower before foreclosure on FHA-insured mortgage. Exemption for distant properties does not apply when lender maintains any branch office, including loan origination branches, within 200 miles.