Commonwealth v. Armstrong (Lawyers Weekly No. 11-191-15)
Armed home invasion guilty plea upheld where defendant remained in empty dwelling after resident's return and confronted him with loaded pistol.
Appeals Court Opinions
Commonwealth v. Costa (Lawyers Weekly No. 11-190-15)
Conviction for operating under the influence affirmed. Breathalyzer test results properly admitted where periodic testing and field testing used different cylinders. Judge did not abuse discretion reopening evidence after defendant's vague objection.
Jaynes, petitioner (Lawyers Weekly No. 11-189-15)
Prisoner's petition for name change based on Wiccan religious beliefs denied as inconsistent with public interests given serious convictions, criminal history, and parole eligibility.
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-188-15)
Summary process appeal dismissed for late transcript filing, but reversed where rules permit cure. Tenant's compliance deemed timely under mandatory appellate rule provision.
Saia v. Bay State Gas Company (Lawyers Weekly No. 11-187-15)
Water heater lease with purchase option not a disguised credit sale; substantial buyout price means option was not for nominal consideration.
Aurora Loan Services, LLC v. Murphy (Lawyers Weekly No. 11-186-15)
Foreclosure void when notice of default fails to inform borrower of right to bring court action in nonjudicial foreclosure state.
Commonwealth v. Johnson (Lawyers Weekly No. 11-185-15)
Police stop justified in immediate aftermath of shooting when suspect's proximity, time, location, and concealment efforts create reasonable suspicion despite imprecise description.
Boston edvelopment Authority v. Pham, et al. (Lawyers Weekly No. 11-184-15)
Affordable housing unit owner who frequently traveled for work but maintained unit as principal residence did not violate occupancy restrictions. Sharing unit with roommates who paid portion of costs not prohibited leasing.
Commonwealth v. Coutu (Lawyers Weekly No. 11-183-15)
Reversed convictions for attempt to burn property and assault by dangerous weapon; affirmed remaining rape and robbery convictions; affirmed DNA testing order.
Commonwealth v. Hardin (Lawyers Weekly No. 11-182-15)
Appellate court reverses dismissal of breaking and entering and larceny charges; remands to municipal court rather than affirming on defendant's alternative ground of facial complaint deficiency raised only on appeal.