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.
Appeals Court Opinions
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.
Commonwealth v. Botelho (Lawyers Weekly No. 11-100-15)
Conviction reversed where judge failed to instruct jury that it could not draw adverse inference from defendant's silence and prosecutor impermissibly commented on defendant's failure to testify.
Touher, et al. v. Town of Essex (Lawyers Weekly No. 11-099-15)
Affirmed judgment that homes built on leased town land became fixtures belonging to the town rather than personal property of the residents.
Commonwealth v. Mercier (Lawyers Weekly No. 11-098-15)
Defendant convicted of rape committed at age sixteen but apprehended after turning eighteen. Direct youthful offender indictment without juvenile complaint and transfer hearing violates jurisdiction requirements. Conviction vacated.
Silva v. Steadfast Insurance Company (Lawyers Weekly No. 11-097-15)
Insurer's duty to settle applies once liability and damages are reasonably clear. Owner's appeals kept damages uncertain, justifying insurer's delay.
Parr v. Rosenthal (Lawyers Weekly No. 11-096-15)
Continuing treatment by patient for injury caused by physician tolls medical malpractice statute of limitations during period of ongoing care by same or closely associated medical group.
Commonwealth v. Todd (Lawyers Weekly No. 11-095-15)
Youthful offender indictment for rape dismissed below; Appeals Court vacates, holding evidence of digital penetration and isolation of young victim sufficient to establish threat of serious bodily harm.
Canisuis v. Morgenstern (Lawyers Weekly No. 11-094-15)
Author's contractual rights to future novel royalties are marital property subject to equitable division, not excluded as too speculative.