Commonwealth v. Martinez (Lawyers Weekly No. 11-070-15)
Motor vehicle accident defendant's offer to provide license and registration information insufficient; statute requires information actually made known to other party.
Appeals Court Opinions
Commonwealth v. Thompson (Lawyers Weekly No. 11-069-15)
Boating OUI statute's implied consent provision permits blood testing without constitutional protection against refusal. Statutory consent standard applies, not constitutional standard.
Adoption of Odetta (Lawyers Weekly No. 11-068-15)
Postadoption visitation with non-parent relative properly ordered where specific factual findings support child's best interests, including religious and cultural heritage preservation.
Commonwealth v. Centeno (Lawyers Weekly No. 11-067-15)
Affirmed convictions for child sexual abuse. Evidence of similar subsequent misconduct admissible to show pattern and intent. Expert testimony about absence of injury properly limited.
Commonwealth v. Dyette (Lawyers Weekly No. 11-066-15)
Cell phone search unlawful under Fourth Amendment; improperly admitted evidence not harmless beyond reasonable doubt; conviction reversed.
Adoption of Zak (Lawyers Weekly No. 11-065-15)
Affirmed termination of parental rights based on pattern of domestic violence; affirmed denial of family placement; vacated and remanded visitation orders for findings on domestic violence impact.
Commonwealth v. Moniz (Lawyers Weekly No. 11-064-15)
Affirmed convictions for rape and assault with intent to rape based on constructive force theory where childhood sexual abuse continued after victim reached sixteen.
Commonwealth v. Elliott (Lawyers Weekly No. 11-063-15)
Rape and indecent assault conviction affirmed where joinder of twin victims' charges was proper, prosecutor's closing argument did not improperly comment on defendant's silence, and hearing accommodation accommodations were adequate.
Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company, et al. (Lawyers Weekly No. 11-062-15)
Insurance coverage dispute involving homeowner and commercial policies. Court held Vermont Mutual must defend and indemnify homeowner's adult son despite business exclusion; Preferred Mutual must share defense costs.
Conway v. CLC Bio, LLC (Lawyers Weekly No. 11-061-15)
Employee challenges arbitration award denying Wage Act violation. Arbitrator had authority to interpret statute. Arbitration award affirmed.