Commonwealth v. Fredericq (Lawyers Weekly No. 11-029-18)
Reversed in part and affirmed in part. Real-time cell-site location tracking without a warrant violated the defendant's rights, but cocaine in a common attic crawl space remained admissible.
Appeals Court Opinions
Skiffington v. Liberty Mutual Insurance Company (Lawyers Weekly No. 11-027-18)
Insured failed to prove actual costs for substitute transportation; standard policy covers loss-of-use damages only when claimant incurs documented expenses.
Commonwealth v. Proia (Lawyers Weekly No. 11-025-18)
Affirmed conviction for heroin possession. Evidence of prior search admissible to show knowledge; sufficient evidence of constructive possession based on defendant's particular relationship to bedroom location.
King v. Shank, et al (and a companion case) (Lawyers Weekly No. 11-026-18)
Recall election proceedings must satisfy procedural requirements but courts cannot scrutinize the substantive adequacy of grounds for recall.
Institution for Savings in Newburyport v. Langis, et al. (Lawyers Weekly No. 11-023-18)
Default relief standard for interrogatory failures: Rule 55(c) good cause standard applies, not Rule 60(b) excusable neglect standard, when damages remain undetermined.
Carey v. Gatehouse Media Massachusetts I, Inc. (Lawyers Weekly No. 11-024-18)
Newspaper delivery driver classified as independent contractor was actually an employee under Massachusetts statute based on delivery services being integral to publisher's usual business.
Commonwealth v. Bowen (Lawyers Weekly No. 11-022-18)
Defendant who stipulated to two probation violations during a contested hearing did not waive hearing protections requiring knowing and voluntary waiver under Sayyid standard.
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.
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.