Commonwealth v. DePiero (Lawyers Weekly No. 11-014-15)
Anonymous 911 call reporting drunk driver provides reasonable suspicion for investigatory stop where tip made contemporaneously with observation of dangerous conduct.
Appeals Court Opinions
Shea v. Federal National Mortgage Association, et al. (Lawyers Weekly No. 11-012-15)
Affirmed dismissal of foreclosure challenge. Mortgagee need not hold note to assign mortgage; unilateral assignment valid absent contractual restriction.
Commonwealth v. Ruano (Lawyers Weekly No. 11-013-15)
Conviction for witness intimidation reversed where evidence of implicit threats lacked sufficient context to prove intimidation beyond reasonable doubt.
Robert and Ardis James Foundation, et al. v. Meyers (Lawyers Weekly No. 11-011-15)
Stock purchase agreements between investor and company founder lacked termination provisions. Founder's refusal to unwind agreements did not breach implied covenant of good faith and fair dealing.
Commonwealth v. Zhan Tang Huang (and 14 companion cases) (Lawyers Weekly No. 11-010-15)
Property owners and manager convicted of manslaughter and code violations for knowingly maintaining residential building with non-functioning smoke detectors despite repeated warnings.
Commonwealth v. Strickland (Lawyers Weekly No. 11-009-15)
Stepfather convicted of assaulting child who sustained severe brain injuries and extensive bruises. Affirmed despite exclusion of medical records showing child's self-inflicted injuries; eyewitness testimony of defendant's participation in abuse provided overwhelming evidence.
Commonwealth v. Ubeira-Gonzalez (Lawyers Weekly No. 11-008-15)
Defendant failed to show that laboratory analyst misconduct preceded his guilty plea or affected his case, so motion to withdraw pleas properly reversed.
Kelcourse v. Kelcourse (Lawyers Weekly No. 11-007-15)
Antenuptial agreement unenforceable where enforcement would leave wife with severely deteriorated home and insufficient property to support herself, warranting alternative distribution of marital assets.
Kitras, et al. v. Town of Aquinnah, et al. (Lawyers Weekly No. 11-006-15)
Easements by necessity implied when tribal custom of common access predates partition of formerly shared lands into individual parcels.
Care and Protection of Laurent (Lawyers Weekly No. 11-005-15)
Cognitive disability and parenting impairment alone do not establish unfitness absent clear and convincing evidence of serious risk of harm to the child.