Commonwealth v. Dragotta (and one companion case) (Lawyers Weekly No. 11-021-16)
Mother and boyfriend convicted of inflicting multiple fractures on five-week-old infant. Sufficiency of evidence and expert testimony issues affirmed on appeal.
Appeals Court Opinions
Blanchard, et al. v. Steward Carney Hospital, Inc., et al. (Lawyers Weekly No. 11-020-16)
Statements to newspaper constituted protected petitioning activity under anti-SLAPP statute where made in response to union's media statements and designed to influence ongoing regulatory licensing investigation. Internal email to hospital staff did not qualify.
Clark, et al. v. Leisure Woods Estates, Inc. (Lawyers Weekly No. 11-019-16)
Manufactured housing residents recovered damages for breach of covenant of quiet enjoyment and violations of Consumer Protection Act regulations governing road maintenance and home site conditions.
Commonwealth v. Zammuto (Lawyers Weekly No. 11-018-16)
District Court properly tried defendant in absentia after he failed to appear mid-trial without good cause. Civil rights conviction affirmed despite retaliation claim.
Commonwealth v. Lovering (Lawyers Weekly No. 11-017-16)
Constructive possession of firearm not established where defendant absent from apartment for month. Conviction for unlicensed possession reversed; gun storage and abuse prevention violations affirmed.
Commonwealth v. Garcia (Lawyers Weekly No. 11-016-16)
Conviction reversed where trial court admitted testimony about private marital conversation through third party, violating spousal disqualification statute protecting confidentiality of spousal communications.
Commonwealth v. Firmin (Lawyers Weekly No. 11-015-16)
Trial judge impermissibly coerced jury by invoking deadlock instruction before deliberations began and emphasizing court inconvenience and practical time pressure.
Commonwealth v. Perez (Lawyers Weekly No. 11-014-16)
Bank employee convicted of theft from customer accounts. Forged withdrawal slips and related documents properly authenticated despite lacking required statutory affidavit.
Goddard v. Goucher, et al. (Lawyers Weekly No. 11-013-16)
Court upholds rejection of parties' stipulation that purchase and sale agreement was enforceable, finding judge properly distinguished factual admissions from legal conclusions that parties cannot bind the court upon.
Commonwealth v. Laguer (Lawyers Weekly No. 11-011-16)
Appeals Court affirms denial of motion for new trial in 1984 rape conviction, rejecting claims of newly discovered witness testimony, flawed DNA results, and fraudulent plea offer.