Commonwealth v. Wray (Lawyers Weekly No. 11-151-15)
Defendant denied right to cross-examine sole witness with prior inconsistent statements denying physical contact, violating confrontation clause in credibility-focused trial.
Appeals Court Opinions
Commonwealth v. Hatzigiannis (Lawyers Weekly No. 11-150-15)
Conviction reversed where prior consistent statements of surgical assistant witness were improperly admitted without showing of recent fabrication or bias.
Paine, et al. v. Sexton, et al. (Lawyers Weekly No. 11-149-15)
Adverse possession of woodland established through commercial campground operation. Color of title supported by deeds with metes and bounds descriptions and assessors' map references.
Ellis v. Commissioner of the Department of Industrial Accidents, et al. (Lawyers Weekly No. 11-148-15)
Administrative judge may review and reduce attorney fees and expenses in lump-sum workers' compensation settlements when unsubstantiated or excessive.
Commonwealth v. Rezendes (Lawyers Weekly No. 11-147-15)
A pen is not an inherently deadly weapon under the armed career criminal statute, even though it qualifies as a dangerous weapon under common law.
Hawley, et al. v. Preferred Mutual Insurance Company (Lawyers Weekly No. 11-146-15)
Insured's request for arbitration does not toll the statute of limitations for insurance claims. Complaint filed nearly two years after deadline and loss excluded by policy.
Russell Block Associates v. Board of Assessors of Worcester (Lawyers Weekly No. 11-145-15)
Parking garage serving residential tower qualifies as partly residential property subject to mixed-use classification and partial tax abatement.
Reynolds v. Zoning Board of Appeals of Stow, et al. (Lawyers Weekly No. 11-144-15)
Appeals court reverses zoning board's approval of elderly housing project where evidence showed sewage discharge would contaminate neighboring wells with nitrogen exceeding safe drinking water standards.
Uzoma v. Okereke (Lawyers Weekly No. 11-141-15
Appeals Court vacates annulment judgment entered without proper service, holding that void judgments may be challenged at any time regardless of delay.
Commonwealth v. Valdez (Lawyers Weekly No. 11-143-15)
Guilty plea motion denied where defendant failed to show actual deportation or exclusion proceedings despite presumed lack of immigration warning.