Commonwealth v. Jones-Pannell (Lawyers Weekly No. 11-059-14)
Officers observed man at midnight with hand inside pants in area with documented gang and gun activity; evasion of police justified investigative stop.
Appeals Court Opinions
Commonwealth v. Dacosta (Lawyers Weekly No. 11-058-14)
Breathalyzer test showing .09 percent alcohol level, administered fifty-five minutes after operation, sufficient to prove per se violation without retrograde extrapolation evidence.
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.
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.