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.
Appeals Court Opinions
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.
Three Registered Voters v. Board of Selectmen of Lynnfield, et al. (Lawyers Weekly No. 11-101-16)
Registered voters challenged town administrator appointment procedures under the Open Meeting Law. Court affirmed dismissal, holding the notice was adequate, no public discussion of complaints was required, and private interviews did not violate the statute.
Commonwealth v. Riz (Lawyers Weekly No. 11-100-16)
Probation condition forbidding defendant from "minimizing" his sexual crimes violates due process as unconstitutionally vague.
McLaughlin, et al. v. American States Insurance Company (Lawyers Weekly No. 11-099-16)
Property owners recovered attorney's fees as damages when their insurer wrongfully delayed settlement of a claim for negligent well drilling that contaminated coastal landscaping with salt water.
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.
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.