Demand letter asserting Consumer Protection Act claim inadequate to satisfy Massachusetts Tort Claims Act presentment requirement; letter failed to identify negligence, sewer pipe maintenance failure, incident date.
Defendant allowed to self-represent with standby counsel but trial judge failed to conduct required colloquy to ensure knowing and intelligent waiver of right to counsel. Convictions vacated; remanded for new trial.
Defendant convicted of assault and battery challenged admission of detective's testimony about Spanish-language interrogation and medical record statements. Appeals Court affirmed, finding no abuse of discretion.
Police approached suspect in parking lot twelve days after robbery. Defendant fled and discarded drugs. Court held seizure occurred upon pursuit, officers had reasonable suspicion based on video identification.
Property owners' appeal from judgment that they failed to prove title to beach lots in Marshfield. Court affirmed, applying issue preclusion and holding that early deeds bounding property by "the beach" did not convey shoreline title.
Probation violation affirmed where defendant failed to make restitution payments and contacted newspaper in violation of no-contact condition. Free speech defense rejected.
Insufficient evidence of indecent touching where defendant hugged child tightly and briefly lifted her shirt without exposing skin or contacting intimate body parts.
Use of prior uncounseled convictions to enhance sentence upheld where no right to counsel existed because prior offenses carried no incarceration.
Out-of-court victim identification properly admitted despite victim's initial misidentification of defendant's brother. Defendant's statements suppressed due to officer's improper promise that cooperation would help avoid felony charges.
Private way abutters retain right to cross filled tidelands and access remaining tidelands where Chapter 91 license conditions preserved preexisting access rights.
