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.
Appeals Court Opinions
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.
Commonwealth v. Mitchell (and two companion cases) (Lawyers Weekly No. 11-010-16)
Murder conviction affirmed for four defendants in stabbing death. Police statements admitted voluntarily; Bruton objection to codefendant's redacted statement rejected; youthful offender sentencing challenge foreclosed by precedent.
Hoegen v. Hoegen (Lawyers Weekly No. 11-009-16)
Vested restricted stock units constitute gross employment income for child support calculation purposes; parent cannot waive child's support rights.
Amaral v. Seekonk Grand Prix Corp. (Lawyers Weekly No. 11-008-16)
Parent accompanying minor children to go-cart facility paid for their ride tickets. Injury while supervising triggered question of whether recreational use statute immunity applied.