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.
Appeals Court Opinions
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.
Minkina v. Frankl, et al. (Lawyers Weekly No. 11-114-14)
Employment law firm not negligent for failing to anticipate Supreme Judicial Court's overruling of established appeals court precedent on arbitration of discrimination claims.
Commonwealth v. Cahoon (Lawyers Weekly No. 11-112-14)
Affirmed sexually dangerous person designation where experts testified defendant presented moderate-to-high reoffense risk; treatment termination evidence admissible.
Commonwealth v. Torres (Lawyers Weekly No. 11-113-14)
Affirmed convictions for rape and indecent assault on children. Trial judge properly denied motion for severance, admitted evidence of similar pattern, and managed evidentiary rulings.
Welch-Philippino, et al. v. Zoning Board of Appeals of Newburyport, et al. (Lawyers Weekly No. 11-111-14)
Reconstruction of dimensionally conforming structure devoted to nonconforming use permitted without special permit where use does not substantially change.
Commonwealth v. Gonzalez (Lawyers Weekly No. 11-109-14)
Conviction reversed where trial judge failed to conduct voir dire after jurors reported one juror fell asleep during evidence, despite receiving reliable information of the juror's inattentiveness.
Realty Finance Holdings, LLC v. KS Shiraz Manager, LLC, et al. (Lawyers Weekly No. 11-110-14)
Sophisticated parties' fully integrated LLC agreements with integration clause cannot be varied by parol evidence of prior negotiations or alleged oral conditions precedent.
Commonwealth v. Coppinger (Lawyers Weekly No. 11-108-14)
Man convicted of open and gross lewdness for wearing translucent shorts displaying genitals and buttocks in store. Statute not unconstitutionally vague; exposure includes display through see-through covering.