Commonwealth v. Thomas (Lawyers Weekly No. 11-058-16)
Aggravated rape conviction affirmed despite exclusion of victim's prior convictions and no direct intent to cause injuries.
Appeals Court Opinions
Commonwealth v. Lodge (Lawyers Weekly No. 11-057-16)
Affirmed conviction for unlicensed firearm possession. Prosecutor's opening statement reference to school shootings was not reversible error; defendant's post-Miranda statements exposed to closing argument comment.
Allen v. Allen (Lawyers Weekly No. 11-056-16)
Appeal from ex parte abuse prevention order dismissed as moot where order was terminated at hearing after notice, providing defendant all available relief.
Quinn v. Gjoni (Lawyers Weekly No. 11-055-16)
Appeal dismissed as moot after abuse prevention order was vacated. First Amendment arguments could not be reached where neither party retained cognizable interest in the terminated order.
Commonwealth v. Nguyen (Lawyers Weekly No. 11-054-16)
Ineffective assistance of counsel claim regarding immigration consequences fails where defendant enjoys protected status under U.S.-Vietnam repatriation agreement preventing deportation.
Wilson’s Case (Lawyers Weekly No. 11-053-16)
Workers' compensation case involving bilateral shoulder injury from industrial accident. Court reverses reviewing board's dismissal, reinstates administrative judge's finding of causation.
Hanlon v. Town of Sheffield (Lawyers Weekly No. 11-052-16)
Town zoning by-law regulating private noncommercial aircraft landing areas requires state Division of Aeronautics approval before enforcement.
Commonwealth v. Williams (Lawyers Weekly No. 11-051-16)
Court vacates guilty plea denial and remands for hearing after predicate drug conviction used to enhance sentence is later invalidated due to analyst misconduct.
Wells Fargo Bank, N.A. v. Anderson (Lawyers Weekly No. 11-050-16)
Affirmed. Mortgagor lacks standing to challenge mortgage assignments where foreclosing bank validly holds the mortgage despite alleged defects in the assignment chain.
Gold Star Homes, LLC v. Darbouze, et al. (Lawyers Weekly No. 11-049-16)
Housing Court properly allowed eviction summary process to proceed despite pending Land Court declaratory judgment action. MERS validly exercised power of sale as mortgagee.