Barrow v. Dartmouth House Nursing Home, Inc., et al. (Lawyers Weekly No. 11-095-14)
Arbitration agreement signed by son on mother's behalf during nursing home admission unenforceable without explicit authorization.
Appeals Court Opinions
Lowell v. Talcott, et al. v. Hunnewell, et al. (Lawyers Weekly No. 11-096-14)
Woman born during mother's marriage seeks trust benefits as great-grandchild. Court holds legitimacy status, not paternity, controls beneficiary status for 1951 wills.
Zimmerling v. Affinity Financial Corporatiopn, et al. (Lawyers Weekly No. 11-097-14)
Security interests in escrowed funds are not extinguished by transfer from deposit account where transferee holds only conditional equitable interest, not legal title or completed transfer.
Commonwealth v. Murphy (Lawyers Weekly No. 11-094-14)
Defendant convicted of breaking and entering and larceny challenged denial of postverdict hearing regarding juror's contact with trial witness. Court affirmed, finding no extraneous influence or bias.
M.B. v. J.B. (Lawyers Weekly No. 11-093-14)
Abuse prevention order affirmed where defendant waived venue objection through participation in prior proceedings and evidence showed reasonable fear based on harassment history.
Commonwealth v. Lopez (Lawyers Weekly No. 11-091-14)
Rape conviction affirmed where speedy trial delay was not unreasonable and nondisclosed DNA analyst emails were not material or prejudicial to defense.
Commonwealth v. Traylor (Lawyers Weekly No. 11-092-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Commonwealth v. Bradshaw (Lawyers Weekly No. 11-090-14)
Affirmed convictions for indecent assault and battery on child and carrying dangerous weapon. Sexual attraction statement admissible to prove motive and intent; knife positioned accessibly during suspicious arrest meeting.
Commonwealth v. Rutledge (and 16 companion cases) (Lawyers Weekly No. 11-088-14)
Officers must conduct preliminary pat frisk of backpack before warrantless search, even when investigating armed suspects.
Commonwealth v. Kostka (Lawyers Weekly No. 11-089-14)
Commonwealth obtained order for non-suspect twin's DNA swab to prove fraternal status in murder case. Affirmed contempt judgment; Draheim standard satisfied.