Commonwealth v. Guinan (Lawyers Weekly No. 11-127-14)
Convictions reversed where accident reconstruction expert lacked qualifications to testify about computer-assisted power steering system software.
Appeals Court Opinions
Commonwealth v. Paine (Lawyers Weekly No. 11-126-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Ouellette v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 11-125-14)
Police officer's accidental disability retirement allowance subject to statutory seventy-five percent cap where officer became member inactive upon earlier superannuation retirement.
Commonwealth v. Douglas (and five companion cases) (Lawyers Weekly No. 11-124-14)
Reversed suppression order; protective search of vehicle interior justified by reasonable suspicion despite negative patfrisks of occupants.
Schussel, et al. v. Commissioner of Revenue (Lawyers Weekly No. 11-123-14)
Double tax assessment upheld where taxpayers failed to file state returns for nearly twenty years, then filed returns grossly underreporting income by millions based on fraudulent federal returns.
Commonwealth v. Holbrook (Lawyers Weekly No. 11-122-14)
Defendant convicted of indecent assault and battery on five-year-old grandniece. Appeals Court affirmed, holding defendant's passive role did not preclude conviction and intent could be inferred from permitting contact.
Commonwealth v. Shin (Lawyers Weekly No. 11-121-14)
Mentally ill defendant's failure to take prescribed medication does not trigger the voluntary intoxication framework for determining criminal responsibility.
J.W. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-120-14)
Administrative review of transfer of intellectually disabled resident from closing state facility; scope of hearing officer's duty to consider alternative placements.
Commonwealth v. Oppenheim (Lawyers Weekly No. 11-119-14)
Child rape conviction affirmed where instant message confession authenticated by preponderance standard rather than beyond reasonable doubt.
Bulwer v. Mount Auburn Hospital, et al. (Lawyers Weekly No. 11-118-14)
Physician from Belize challenges termination from residency program. Court reverses summary judgment on discrimination and contract breach claims based on evidence of possible pretext.