Commonwealth v. Robertson (Lawyers Weekly No. 11-115-15)
Affirmed convictions for rape and assault of a child. Prior sexual misconduct evidence against different victim properly admitted to show pattern, despite eight-year gap between incidents.
Appeals Court Opinions
Commonwealth v. Sousa (Lawyers Weekly No. 11-114-15)
Reversed OUI-drugs conviction where difluoroethane, inhaled from computer cleaner, was not a substance defined in the governing statute; affirmed negligent operation conviction.
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.
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.