Commonwealth v. Hilaire (Lawyers Weekly No. 11-021-18)
Police stop justified by proximity to crime scene, suspect's likely presence in area based on witness behavior, and gravity of armed robbery, despite six-hour delay and vague description.
Category Appeals Court Opinions
Commonwealth v. Rodriguez (Lawyers Weekly No. 11-020-18)
Reversed heroin trafficking conviction where field test evidence was admitted without demonstrating scientific reliability under established standards, particularly significant given chemist misconduct.
Commonwealth v. Polanco (Lawyers Weekly No. 11-019-18)
Speedy trial rule 36(b) clock begins anew in Superior Court, excluding District Court time. Warrantless entry justified by exigent circumstances. Constructive possession proven by circumstantial evidence.
Ninety Six, LLC v. Wareham Fire District (Lawyers Weekly No. 11-018-18)
Water betterment assessment statute permits municipalities to consider development potential based on subdivision rules, not zoning requirements alone.
Shea v. Cameron (Lawyers Weekly No. 11-016-18)
Heart Balm Act bars tort claims based on fraudulent inducement to marry, even when styled as fraud, misrepresentation, or emotional distress claims.
Commonwealth v. Ramirez (Lawyers Weekly No. 11-017-18)
Stop and frisk justified when executing arrest warrant for violent firearm offense; seizure of companion reasonable for officer safety.
Gifford v. Burke, et al. (Lawyers Weekly No. 11-015-18)
Partition commissioner waived right to appellate fees by failing to request them in appellate brief. Contempt judgment vacated in part; remanded to determine recoverable enforcement costs.
Commonwealth v. Dinardo (Lawyers Weekly No. 11-014-18)
Court upheld admission of district attorney's expert psychologist report in sexually dangerous person civil commitment trial, rejecting argument that Commonwealth must rely solely on court-appointed qualified examiners.
Commonwealth v. Carlson (Lawyers Weekly No. 11-013-18)
Appeals Court reverses larceny conviction; single-photograph identification procedure was unconstitutionally suggestive absent good reason to use inherently suggestive method.
Commonwealth v. Ballard (Lawyers Weekly No. 11-011-18)
SDP commitment permitted when petition filed during valid imprisonment, even if guilty pleas later vacated for trial error unrelated to statutory unconstitutionality.