Commonwealth v. Curry (Lawyers Weekly No. 11-113-15)
Drug convictions affirmed where retesting by independent chemist after Dookhan's misconduct provided reliable evidence; no presumption of misconduct applies at trial.
Appeals Court Opinions
Commonwealth v. Ramos (Lawyers Weekly No. 11-112-15)
Officer properly relied on RMV database showing vehicle stolen to make traffic stop; government records have sufficient reliability without applying informant credibility test.
Finnegan, et al. v. Baker, et al. (Lawyers Weekly No. 11-111-15)
Shareholders challenged stock issued through convertible loan conversions. Court affirmed trial judgment upholding transactions despite informal corporate procedures, finding implied board ratification through conduct and knowledge.
Ivey, et al. v. Commissioner of Correction, et al. (Lawyers Weekly No. 11-110-15)
Informal DOC policy denying DDU inmates credit toward sentences conflicted with amended 2006 regulations and was canceled as a matter of law. Reversed and remanded.
Ciampa v. Bank of America, et al. (Lawyers Weekly No. 11-109-15)
IRA beneficiary designation naming nonexistent person constitutes scrivener's error. Daughter failed to prove she was intended beneficiary. Contested share reverts to estate.
Murphy v. Wachovia Bank of Delaware, N.A., et al. (Lawyers Weekly No. 11-108-15)
Junior mortgagee must disburse foreclosure surplus to mortgagor, not senior mortgagee. Senior lien remains attached to property after junior foreclosure.
City of Springfield v. Local Union No. 648, International Association of Firefighters, AFL-CIO (Lawyers Weekly No. 11-107-15)
Arbitrator properly awarded back pay for employees unlawfully assigned to acting positions in violation of civil service law and collective bargaining agreement.
Commonwealth v. Maguire (Lawyers Weekly No. 11-106-15)
Affirmed convictions for open and gross lewdness and resisting arrest. Detective's testimony that he felt disgusted and concerned for bystanders satisfied the statutory requirement that defendant's exposure actually shock or alarm someone.
Buccaneer Development, Inc. v. Zoning Board of Review of Appeals of Lenox (Lawyers Weekly No. 11-105-15)
Developer's denial of special permit for retirement community affirmed where zoning board found project too dense and out of character with neighborhood.
McManus v. McManus (Lawyers Weekly No. 11-104-15)
Separation agreement waiving "past or present" alimony but silent on future alimony is ambiguous; party seeking modification entitled to trial on whether parties intended to preclude future alimony claims.