Commonwealth v. Cortez (Lawyers Weekly No. 11-164-14)
Defendant's motion to vacate plea denied where judge testified his customary practice was to give correct immigration warning despite documentary record showing otherwise.
Appeals Court Opinions
Commonwealth v. Crowley-Chester (Lawyers Weekly No. 11-001-15)
Police impoundment and inventory of vehicle was reasonable based on public safety concerns and risk of theft in high-crime area.
Commonwealth v. Scott (Lawyers Weekly No. 11-002-15)
Double jeopardy bars resentencing on counts fully served before remand. Restructuring of sentencing scheme limited to outstanding components and permissible aggregate maximum.
Lalchandani v. Roddy (Lawyers Weekly No. 11-003-15)
Former husband cannot use Alimony Reform Act to reduce alimony from surviving separation agreement when parties expressly agreed the agreement would not be modifiable.
Commonwealth v. Navarro (Lawyers Weekly No. 11-166-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Vedensky v. Vedensky (Lawyers Weekly No. 11-167-14)
Divorce modification; alimony award upheld in principle but vacated on remand because judge improperly attributed wife's second-job income without applying statutory presumptions.
In the Matter of the Estate of Rosen (and a companion case) (Lawyers Weekly No. 11-165-14)
Probate contestant challenges will on testamentary capacity grounds; court affirms, finding decedent possessed requisite capacity despite terminal illness and medical records showing some confusion.
Mendonca v. Civil Service Commission, et al. (Lawyers Weekly No. 11-162-14)
Disabled veteran's layoff upheld by Civil Service Commission despite preference statute. Court reverses, finding inconsistent reasoning and insufficient evidence that veteran lacked qualifications.
Passatempo, et al. v. McMenimen, et al. (Lawyers Weekly No. 11-160-14)
Affirmed judgment finding insurance company vicariously liable for broker's fraud under Consumer Protection Act; statute of limitations tolling and attorney's fees upheld.
Commonwealth v. Foster F., a juvenile (Lawyers Weekly No. 11-159-14)
Reversed adjudication of juvenile indecent assault and battery due to improper admission of unauthenticated Facebook messages and entire SAIN interview transcript containing inadmissible character evidence.