Commonwealth v. Everett (Lawyers Weekly No. 11-174-15)
Judge lacked authority to dismiss valid criminal complaint based on sympathetic circumstances. Prosecution discretion belongs to executive branch, not judiciary.
Appeals Court Opinions
H.P. Hood LLC v. Allianz Global Risks US Insurance Company (Lawyers Weekly No. 11-173-15)
Insurer properly denied coverage for destroyed product where defect in bottle caps fell within policy exclusion for faulty material and workmanship.
Brissette v. Ryan, et al. (Lawyers Weekly No. 11-172-15)
Attorney's negligent Medicaid planning advice deprived clients of valuable life estate in property. Loss of legal rights to alienate and control property constitutes actual damages.
Commonwealth v. Packer (Lawyers Weekly No. 11-171-15)
Stepmother convicted of assaulting stepdaughter denied parental discipline instruction given to biological father. Reversed; in loco parentis analysis required for stepparent discipline defense.
Commonwealth v. Bond (Lawyers Weekly No. 11-170-15)
Defendant denied jail-time credit for days served on vacated prior conviction when applying credit to sentences on unrelated subsequent offenses.
Commonwealth v. Ortiz (Lawyers Weekly No. 11-168-15)
Warrantless inventory search of vehicle unconstitutional when pretextual for drug investigation despite lawful initial stop and arrest.
Commonwealth v. Colon (Lawyers Weekly No. 11-169-15)
Protective sweep of apartment during arrest warrant execution reversed where cooperative defendant opened door and attempted to leave with officers without resistance.
Bank of America, N.A. v. Diamond Financial, LLC (Lawyers Weekly No. 11-167-15)
Bank of America won equitable subrogation to restore senior mortgage priority after a refinancing error left it junior to Diamond Financial's mortgage.
Needham v. Director of the Office of Medicaid (Lawyers Weekly No. 11-166-15)
Probate court cannot compel MassHealth to recognize trust reformation in Medicaid eligibility determination when reformation occurred within look-back period.
Santana v. Commonwealth (Lawyers Weekly No. 11-165-15)
Insufficient evidence of cocaine constructive possession may support threshold eligibility for erroneous conviction relief when evidence gap tends to establish actual innocence.