Commonwealth v. Torres (Lawyers Weekly No. 11-092-15)
Affirmed finding of sexually dangerous person. Evidence of 1997 assault conviction properly admitted despite not being formally charged as sexual offense.
Appeals Court Opinions
Commonwealth v. Demirtshyan (Lawyers Weekly No. 11-091-15)
Officer properly ordered driver to exit vehicle after driver lunged toward uninspected backseat area during traffic stop, creating reasonable safety concerns. Stun gun seizure upheld.
Valaskatgis v. Valaskatgis (Lawyers Weekly No. 11-090-15)
Court determines the Alimony Reform Act's definition of "length of marriage" applies only to alimony, not asset division in divorce.
Wessell v. Mink Brook Associates, Inc., et al. (Lawyers Weekly No. 11-089-15)
Employee recovered damages for unpaid wages and retaliatory discharge despite employer's eleventh-hour motion to disqualify her attorney based on prior informal legal advice.
Commonwealth v. Pearson (Lawyers Weekly No. 11-088-15)
Affirmed convictions for multiple rapes. One-on-one showup and photographic array identifications were admissible. Joinder of charges against multiple victims was proper based on common scheme.
Commonwealth v. Indrisano (Lawyers Weekly No. 11-087-15)
Defendant convicted of unlicensed firearm possession must present evidence beyond expired license that he never sought renewal and received no denial notice to raise affirmative defense.
Brown v. Office of the Commissioner of Probation (Lawyers Weekly No. 11-086-15)
Commonwealth not liable for postjudgment interest on punitive damages in employment discrimination case, despite being subject to the statute.
Commonwealth v. Winquist (Lawyers Weekly No. 11-085-15)
Second-degree murder convictions affirmed where joint venture exception to hearsay rule permitted admission of co-conspirator statements made years after crime concerning witness intimidation.
Commonwealth v. Evans (Lawyers Weekly No. 11-084-15)
Officers seized defendant without reasonable suspicion when questioning escalated from vehicle to sidewalk intrusion during early morning encounter.
Barrie-Chivian, et al. v. Lepler (Lawyers Weekly No. 11-083-15)
Promissory estoppel can overcome Statute of Frauds defense when defendant induced reliance on oral loan guaranty promises he never memorialized in writing.