Commonwealth v. Wright (Lawyers Weekly No. 11-056-14)
Traffic stop with drug conviction affirmed where officer had reasonable suspicion based on expired identification, vehicle registration mismatch, and occupants' prior drug convictions.
Category Appeals Court Opinions
Benson v. Commonwealth (Lawyers Weekly No. 11-057-14)
Correction officer injured by inmate violence could not include shift differentials in assault pay calculation, as these were already reflected in average weekly wage baseline.
Commonwealth v. Lopes (Lawyers Weekly No. 11-052-14)
Defendant convicted of OUI and operating after suspension. Affirmed where judge properly admitted limited prior OUI evidence and gave multiple limiting instructions to jury.
Ramzi, Inc., et al. v. Department of Public Health (Lawyers Weekly No. 11-053-14)
WIC vendor disqualification reversed and remanded where agency failed to apply notice requirement for pattern violations under federal regulation superseding prior state practice.
Callahan v. Callahan (Lawyers Weekly No. 11-054-14)
Abuse prevention order properly extended when defendant incarcerated for causing plaintiff physical harm, even if he cannot inflict imminent harm from prison.
Hoort v. Hoort (Lawyers Weekly No. 11-055-14)
Contempt judgment reversed where husband applied consistent tax rate to year-end distribution in compliance with temporary support order language requiring payment "after taxes."
Commonwealth v. Ericson (Lawyers Weekly No. 11-050-14)
Affirmed convictions for soliciting child nudity and possessing harmful matter with intent to disseminate via text messages. Search warrant execution delay and seizure of defendant's images upheld.
Walker v. Collyer, et al. (Lawyers Weekly No. 11-051-14)
Nonsignatory physician cannot be compelled to arbitrate medical malpractice claim. Reversed and remanded. Gateway arbitrability question for court, not arbitrator. No exception to general rule requiring consent.
Silva-Santiago v. Commonwealth (Lawyers Weekly No. 11-049-14)
Reversal of murder conviction for prosecutorial misconduct does not automatically establish innocence under compensation statute when jury heard all evidence at trial.
Beacon South Station Associates, LSE v. Board of Assessors of Boston (Lawyers Weekly No. 11-048-14)
MBTA property leased to private lessee was exempt from taxation in 2009-2010. Statute's plain language and legislative purpose to alleviate transportation authority's financial burden protected all leased property.