Commonwealth v. Halstrom (and seven companion cases) (Lawyers Weekly No. 11-125-13)
Affirmed convictions for inducing minors to prostitution and deriving support from prostitution. Evidence sufficient; jury instructions proper.
Category Appeals Court Opinions
Alford, et al. v. Boston Zoning Commission, et al. (Lawyers Weekly No. 11-124-13)
IMP approval process is legislative, not quasi-judicial, so Article 29 protections do not apply. Affirmed.
Commonwealth v. Salyer (Lawyers Weekly No. 11-123-13)
Affirmed false report conviction; reversed and remanded criminal harassment conviction due to ineffective assistance of counsel for failing to object to privileged marital communications and insufficiently authenticated evidence.
J.W. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-121-13)
Transfer statute requires administrative hearing to compare proposed placement with current residence, not to consider multiple alternatives beyond DDS's single proposal.
Williams, et al. v. Charles, et al. (Lawyers Weekly No. 11-122-13)
LLC members lack standing to sue derivatively without recorded agreed value for noncash contributions, and family relationship alone does not establish adverse interest.
Waxman v. Waxman, et al. (Lawyers Weekly No. 11-119-13)
Wife seeks ownership of jointly held assets and husband's retirement account after his death during divorce proceedings; court awards condominium proceeds and auto but denies retirement account claim.
Commonwealth v. Viust (Lawyers Weekly No. 11-120-13)
Witness ordered to testify at murder trial after immunity granted, refused, and was held in summary contempt. Affirmed despite claims of anticipatory contempt.
Fraco Products, Ltd., et al. v. Bostonian Masonry Corporation (Lawyers Weekly No. 11-118-13)
Third-party manufacturer's indemnification claims against employer of injured employee barred by workers' compensation exclusivity and lack of derivative liability.
Adoption of Gabe (and one companion case) (Lawyers Weekly No. 11-117-13)
Father appealed adoption decree terminating his parental rights, arguing he was denied counsel. Court held newly announced constitutional right to appointed counsel applies retroactively to nonfinal cases.
Commonwealth v. Ortiz (Lawyers Weekly No. 11-115-13)
Improper police interrogation tactics, including false evidence claims and assurances of leniency, overbore suspect's will. All subsequent statements must be suppressed.