Commonwealth v. Tarjick (Lawyers Weekly No. 11-050-15)
Memory cards seized during search warrant execution were properly admitted under plain view doctrine despite not being listed in original warrant.
Appeals Court Opinions
Bowers v. P. Wile’s, Inc. (Lawyers Weekly No. 11-049-15)
Store owner premises liability; mode of operation approach applies to self-service merchandise displays regardless of whether hazard involves items for sale.
Goduti v. City of Worcester (Lawyers Weekly No. 11-048-15)
Foreclosure by entry mortgagee waived right to foreclose by accepting mortgage payments during three-year ripening period; city properly assessed taxes to occupant.
Commonwealth v. Rarick (Lawyers Weekly No. 11-047-15)
Appeals Court affirmed conviction for operating under the influence where officer observed speeding, odor of alcohol, and glassy eyes; consumption of six beers and impaired driving capacity established.
Commonwealth v. Norman (Lawyers Weekly No. 11-046-15)
Sufficiency of evidence for OUI conviction while license suspended; notice of suspension proven through defendant's admission, suspension notice in RMV files, and testimony regarding RMV mailing system.
Commonwealth v. Sylvia (Lawyers Weekly No. 11-042-15)
Resisting arrest conviction affirmed where defendant's flight onto a dangerous roadway and physical resistance to handcuffing created substantial risk of bodily injury to officer.
Doe No. 203108 v. Sex Offender Registry Board (Lawyers Weekly No. 11-043-15)
Sex offender's claim that classification hearing was unreasonably premature is barred when not raised before the board. Affirmed.
Commonwealth v. Alphonse (Lawyers Weekly No. 11-044-15)
Prosecutor's closing argument improperly suggested defendant tailored testimony because he sat in courtroom unlike sequestered witnesses. Reversed; new trial required.
Commonwealth v. Gordon (Lawyers Weekly No. 11-045-15)
Warrantless entry into apartment justified under emergency aid exception where domestic violence victim requested police assistance and officers had reasonable grounds to believe she might need immediate help inside.
Goudreault v. Nine (Lawyers Weekly No. 11-041-15)
Radiologist's failure to identify breast cancer abnormality and order follow-up tests constituted negligence with sufficient causal connection to delayed diagnosis.