Commonwealth v. Riley (Lawyers Weekly No. 11-116-13)
Conviction for second-degree murder affirmed where mother gave child excessive clonidine despite warnings and ignored desperate pleas for medical care.
Category Appeals Court Opinions
Karatihy v. Commonwealth Flats Development Corp. (Lawyers Weekly No. 11-114-13)
Retaliation claim fails where employee violated attendance policy before and during protected activity, other employees were terminated for similar violations, and plaintiff presented only bare assertions without corroboration.
Commonwealth v. Mistretta (Lawyers Weekly No. 11-112-13)
Assault and battery conviction affirmed; specific unanimity instruction not required where intentional and reckless forms are closely related subcategories of same crime.
Scheffler v. Board of Appeal on Motor Vehicle Liability Policies and Bonds (Lawyers Weekly No. 11-113-13)
Appeals court affirmed registrar's decision to add out-of-state OUI diversion program disposition to motorist's driving record as a "like offense" triggering license suspension.
State Room, Inc. v. MA-60 State Associates, L.L.C., et al. (Lawyers Weekly No. 11-111-13)
Appraisal for lease renewal rate reviewable only for fraud or corruption, not for alleged computational errors within appraiser's authority.
Commonwealth v. Olmande (Lawyers Weekly No. 11-110-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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. Rosado (Lawyers Weekly No. 11-109-13)
Appeals Court reverses suppression order for vehicle stop where trooper seized bullwhip believed to be nunchuck, removed driver from car, and handcuffed him based on safety concerns.
Commonwealth v. Marques (Lawyers Weekly No. 11-107-13)
Reversed motion to withdraw plea where Commonwealth failed to prove defendant received statutory immigration warning about admission to sufficient facts.
Sano, et al. v. Tedesco, et al. (Lawyers Weekly No. 11-108-13)
Balconies are individual unit components, but their support beams are common areas subject to shared maintenance costs despite serving only the balconies.
Kelley, et al. v. Cambridge Historical Commission, et al. (Lawyers Weekly No. 11-105-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…