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.
Appeals Court Opinions
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.
Barounis v. Barounis, et al. (Lawyers Weekly No. 11-081-15)
Affirmed as modified. 2003 will admitted in full; 2004 will rejected where testator lacked knowledge of contents despite testamentary capacity.
Commonwealth v. Porter (Lawyers Weekly No. 11-082-15)
Defendant serving weekend sentence at house of correction failed to report and charged with escape. Court holds constructive custody and temporary release between weekend commitments supports escape conviction.
Commonwealth v. Lopez (Lawyers Weekly No. 11-079-15)
Unprovoked punch to delivery person's head causing fatal skull fracture constituted involuntary manslaughter by wanton and reckless conduct; felony-murder submission did not prejudice conviction.
Lind, et al. v. Domino’s Pizza LLC, et al. (Lawyers Weekly No. 11-080-15)
Franchisor not vicariously liable for franchisee's negligence where franchisor set baseline standards but franchisee retained exclusive control over delivery operations and safety decisions.
Cantell, et al. v. Commissioner of Correction, et al. (Lawyers Weekly No. 11-078-15)
Inmates in special management units sought protections afforded to those in departmental segregation units. Appeals Court dismissed as moot after Supreme Judicial Court's LaChance decision mandated regulatory process.
Commonwealth v. Lima (Lawyer Weekly No. 11-077-15)
Insurance agent convicted of fraud in commercial vehicle policy applications containing false statements about drivers and business addresses.
Neuwirth, et al. v. Neuwirth (Lawyers Weekly No. 11-076-15)
Attorney's lien enforcement must occur in Superior Court after judgment entry, not through post-judgment motion in Probate Court.