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.
Appeals Court Opinions
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.
Resolute Management Inc., et al. v. Transatlantic Reinsurance Company, et al. (Lawyers Weekly No. 11-040-15)
Reversal of dismissal of tortious interference and Consumer Protection Act claims; facts inadequate to resolve choice of law at pleading stage.
Commonwealth v. Pacheco (Lawyers Weekly No. 11-039-15)
Police properly obtained juvenile's initial Miranda waiver with guardian present but violated his rights by monitoring and interrupting a mid-interrogation request to consult with his guardian.
Commonwealth v. Perez (Lawyers Weekly No. 11-038-15)
Drug possession conviction affirmed despite insufficient probable cause for no-knock warrant; suppression denied where police acted in good faith.
Commonwealth v. Hamilton (Lawyers Weekly No. 11-037-15)
Assault and battery by hypodermic needle conviction affirmed where defendant thrust needle at officer, causing puncture wound requiring hospital treatment.
Commonwealth v. Luckern (Lawyers Weekly No. 11-036-15)
Suspended prison sentences of three years or more qualify as sentences under the habitual offender statute, whether suspended wholly or partially at sentencing.