Saliba v. City of Worcester (Lawyers Weekly No. 11-137-17)
State statute prohibiting lie detector tests applies only to employers requiring or requesting tests, not using preexisting results obtained from another jurisdiction.
Appeals Court Opinions
Commonwealth v. Smith (Lawyers Weekly No. 11-138-17)
Expert testimony about crack cocaine packaging, street quantities, and distribution methods properly admitted; distinguished from prohibited profiling evidence.
Commonwealth v. Collins (Lawyers Weekly No. 11-135-17)
Appeals court upheld conviction where pretrial photographic identification was unequivocal, distinguishing Commonwealth v. Collins.
Care and Protection of Vieri (Lawyers Weekly No. 11-136-17)
Grandmother unfit to parent adopted grandson who lived in hoarded, unsanitary home with inadequate food and supervision while engaging in escalating destructive behavior.
OneBeacon America Insurance Company v. Celanese Corporation (Lawyers Weekly No. 11-134-17)
Insurer offering to defend without reservation of rights gains right to control defense. Insured's mere disagreement over defense strategy, absent genuine conflict of interest, does not justify rejection.
Commonwealth v. Ross (Lawyers Weekly No. 11-133-17)
Negligent operation conviction affirmed where defendant exceeded speed limit on residential road at night with evidence of intoxication and dangerous conditions.
Flor v. Flor (Lawyers Weekly No. 11-131-17)
Wife who reserved alimony rights may modify judgment after child's emancipation creates material change in circumstances. Award affirmed.
Adoption of Talik (Lawyers Weekly No. 11-132-17)
Mother's parental rights terminated based on substance abuse, domestic violence, noncompliance with service plan, and failure to attend trial.
Commonwealth v. Dobson (Lawyers Weekly No. 11-130-17)
Mother convicted of assault and battery with dangerous weapon for striking five-year-old child in face with leather belt. Parental discipline privilege did not apply; force was unreasonable.
Commonwealth v. Leary (Lawyers Weekly No. 11-129-17)
Conviction for motor vehicle homicide while under the influence affirmed despite prosecutorial error in closing argument and trial judge's failure to instruct jury on lesser included offense.