Commonwealth v. Drapaniotis (Lawyers Weekly No. 11-038-16)
Conviction for theft of operable firearm reversed where only evidence of operability was uncorroborated decade-old hearsay that salesman said gun worked.
Appeals Court Opinions
Commonwealth v. Bonilla (Lawyers Weekly No. 11-037-16)
Larceny conviction affirmed where defendant deposited bad checks into new bank accounts and withdrew funds before checks cleared. Uttering conviction reversed; writing a bad check is not uttering a false instrument.
Commonwealth v. Keene (Lawyers Weekly No. 11-036-16)
Radio bulletin describing vehicle occupants as armed and dangerous, issued without reasonable suspicion, violated Fourth Amendment despite responding officers' reasonable reliance.
City of Springfield v. United Public Service Employees Union (Lawyers Weekly No. 11-035-16)
Arbitrator properly reinstated employee terminated for sexual harassment based on progressive discipline principles despite serious misconduct.
Commonwealth v. Sanchez (Lawyers Weekly No. 11-034-16)
Shed in fenced backyard held part of apartment curtilage where defendant rented it, locked it, and possessed keys, so search warrant extended to shed.
Commonwealth v. Lugo (Lawyers Weekly No. 11-033-16)
Sufficient evidence supported conviction for joint venture assault where defendant witnessed knife attack, chased victims with armed friend, and stomped victim while friend stabbed him.
Almeida, et al. v. Arruda, et al. (Lawyers Weekly No. 11-032-16)
Convenience store beer and wine sales constitute protected prior nonconforming use when integrated into existing retail operations without substantial change in character or neighborhood effect.
Abrahamson v. Estate of LeBold (Lawyers Weekly No. 11-031-16)
One-year filing deadline for claims against estates under Massachusetts Uniform Probate Code applies; general savings statute permitting refiling after dismissal does not override shorter probate limitations period.
Kilnapp Enterprises, Inc. v. Massachusetts State Automobile Dealers Association, et al. (Lawyers Weekly No. 11-030-16)
Defamation claim by detailing broker against trade association and attorney for published warnings to members about DOL investigation dismissed as conditionally privileged and substantially true.
Commonwealth v. Henderson (No. 1) (Lawyers Weekly No. 11-029-16)
Leaving-the-scene convictions duplicative where multi-vehicle collision occurred in single stream of conduct at one scene; knowledge standard affirmed; one personal injury and two property damage convictions vacated.