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.
Appeals Court Opinions
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.
Gravlin v. Gravlin (Lawyers Weekly No. 11-048-16)
Affirmed. Parties may voluntarily agree to binding arbitration in divorce disputes. Judicial review of arbitration awards is narrow, examining only whether the arbitrator exceeded authority or engaged in fraud or procedural irregularity.
Commonwealth v. Silvester (Lawyers Weekly No. 11-047-16)
Affirmed convictions for unlicensed firearm possession and assault. Grand jury testimony of witness feigning memory loss properly admitted; witness remained available for cross-examination.
Martinez, et al. v. Waldstein (Lawyers Weekly No. 11-046-16)
Issue preclusion barred a misrepresentation claim where the prior case had established the plaintiffs' knowledge of facts central to reasonable reliance.
Commonwealth v. Heath (Lawyers Weekly No. 11-045-16)
Appeals Court reverses conviction where police destroyed booking room video recording; Commonwealth failed to preserve material, potentially exculpatory evidence without requiring defense request.
Commonwealth v. Shruhan (Lawyers Weekly No. 11-044-16)
Conviction for stabbing affirmed despite defendant's challenge to victim impact testimony and prosecutor's closing argument rhetoric.
Heyn v. Director of the Office of Medicaid (Lawyers Weekly No. 11-043-16)
Irrevocable trust provides no circumstances for distributing principal to grantor; annuity income portion only available for distribution, not return of capital.
Landry v. Massachusetts Port Authority, et al. (Lawyers Weekly No. 11-042-16)
Injury at airport gate not subject to exclusive statutory remedy when plaintiff alleges negligent human operation rather than physical way defect.