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.
Appeals Court Opinions
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.
Holland, et al. v. Jachmann, et al. (Lawyer Weekly No. 11-047-14)
Consumer Protection Act violation arising from defendant's systematic scheme to undermine plaintiff's business through breach of contract, withholding of assets, and interference with operations.
Commonwealth v. Martinez (Lawyers Weekly No. 11-046-14)
Home invasion statute applies to assault of non-occupant who entered dwelling after defendant; victim need not be resident.
Commonwealth v. Aspen (Lawyers Weekly No. 11-045-14)
Motion for new trial granted; appellate counsel ineffective for failing to raise Federico violation regarding impermissible credibility vouching by expert witness.
Bernier v. Fredette, et al. (Lawyers Weekly No. 11-044-14)
Boundary dispute resolved by locating monuments in original 1870 deed, applying deed interpretation hierarchy favoring monuments over distances, and making angular correction for apparent scrivener's error.
Neuwirth v. Neuwirth (Lawyers Weekly No. 11-043-14)
Appeal dismissed for tardy transcript ordering reversed and reinstated where appellant cured noncompliance before motion hearing by delivering recording to transcriber and formally ordering transcription.
Mt. Ivy Press, L.P., et al. v. Defonseca (Lawyers Weekly No. 11-042-14)
Judgment for Defonseca on Holocaust memoir fraud claim vacated based on newly discovered evidence that the author's story was entirely false.
Irwin, et al. v. Degtiarov, et al. (Lawyers Weekly No. 11-041-14)
Reasonable emergency veterinary expenses for a dog injured by an unleashed dog are recoverable under strict liability statute even if they exceed market value.
Crown v. Kobrick Offshore Fund, Ltd., et al. (Lawyers Weekly No. 11-040-14)
Securities Act misrepresentation claim by hedge fund investor dismissed after jury trial. Court affirmed judgment for defendants and upheld summary judgment dismissing defendants' counterclaim for attorney's fees.