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.
Appeals Court Opinions
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.
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.