Roman Catholic Archbishop of Boston v. Rogers, et al. (Lawyers Weekly No. 11-161-15)
Church property dispute resolved using neutral principles of property law without interpreting canon law or religious doctrine.
Appeals Court Opinions
LaChance v. Commissioner of Correction, et al. (Lawyers Weekly No. 11-160-15)
Inmate's termination from garden program after disciplinary conviction held not a second sanction but permissible security-based removal under prison officials' discretion.
Commonwealth v. Occhiuto (Lawyers Weekly No. 11-159-15)
Reversed. Larceny by false pretenses conviction reversed due to improperly admitted hearsay. Misleading-police conviction reversed because sham investigation into fake crime was not a criminal investigation under statute.
Commonwealth v. French (Lawyers Weekly No. 11-158-15)
Latent fingerprint on window pane used to enter burglarized market, combined with circumstantial crime scene evidence, sufficiently supports conviction for breaking and entering and larceny.
Commonwealth v. Berardi (Lawyers Weekly No. 11-157-15)
Registered sex offender convicted of false registration information as second offender. Trial judge erred in limiting peremptory challenges but reversal requires showing prejudice; defendant failed to demonstrate unfair jury.
Nurse v. Omega US Insurance, Inc. (Lawyers Weekly No. 11-156-15)
Water damage claim barred by two-year statute of limitations for insurance policies; discovery rule does not apply when statute measures time from loss occurrence, not cause of action accrual.
Commonwealth v. Henry (and a companion case) (Lawyers Weekly No. 11-155-15)
Defendant lawful permanent resident deported after conviction for abuse prevention order violations; trial judges failed to make adequate findings on ineffective assistance claim.
Commonwealth v. Tewolde (and five companion cases) (Lawyers Weekly No. 11-154-15)
Murder defendants challenged suppression rulings on interview statements, grand jury testimony, and cellular tower data. Court affirmed suppression of one defendant's statements based on involuntariness and Fifth Amendment violation.
Seneca One, LLC v. Geulakos, et al. (Lawyers Weekly No. 11-153-15)
Trustee process against State Lottery Commission barred by sovereign immunity; lottery statute does not waive immunity despite permitting prize assignments under court approval.
Brady, et al. v. Citizens Union Savings Bank, et al. (Lawyers Weekly No. 11-152-15)
Trustees entitled to recover reasonable defense costs from trust despite insurance coverage, but trial judge's fee award requires detailed justification on remand.