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.
Appeals Court Opinions
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.
Commonwealth v. Riley (Lawyers Weekly No. 11-117-14)
Defendant's sister excluded from courtroom before trial began. Court affirmed denial of new trial, holding new trial not appropriate remedy even if closure violated Sixth Amendment.
Hull Retirement Board v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 11-116-14)
Retirement board must adjust officer's disability retirement date when settlement agreement confirms he received additional paid-leave benefits after leaving paid-leave status.
Allen v. Allen (Lawyers Weekly No. 11-115-14)
Siblings disputed ownership of family home. Court held improperly acknowledged deed could not give constructive notice to protect later grantee, even though deed was recorded and signature was authentic.