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.
Appeals Court Opinions
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.
Commonwealth v. Gibson (Lawyers Weekly No. 11-103-15)
Defendant forfeited right to counsel at probation revocation hearing through pattern of threats, abuse, and demands that attorneys assist in violating probation conditions. Order affirmed.
Commonwealth v. Tokarev (Lawyers Weekly No. 11-102-15)
Defendant failed to meet burden of proving plea invalid despite green sheet irregularities. Presumption of regularity stands when defendant offers no affidavit or evidence contradicting it.
Commonwealth v. Lunden (Lawyers Weekly No. 11-101-15)
DNA evidence derived from unlawful 2000 seizure admissible where attenuation doctrine applies due to statutory changes, passage of time, and intervening opportunities for lawful collection.