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.
Appeals Court Opinions
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.
DeFelice Corporation v. Department of Public Utilities (Lawyers Weekly No. 11-164-15)
Contractor violated dig safe law by providing inaccurate excavation notice and failing to use reasonable precautions, causing gas line strike and explosion. Four separate violations affirmed.
A.T. v. C.R. (Lawyers Weekly No. 11-163-15)
Juvenile Court properly issued harassment prevention order against eleven-year-old boy for sexually explicit comments, threats, and intimidation of female classmate across series of incidents.
Cumberland Farms, Inc. v. City Council of Marlborough (Lawyers Weekly No. 11-162-15)
Marlborough city council's denial of fuel storage license reviewed under arbitrary and capricious standard. Council's discretionary decision had rational basis in members' concerns about traffic, safety, and neighborhood effects.