Commonwealth v. Khan (Lawyers Weekly No. 11-146-17)
Affirmed conviction for larceny in grandparent scam. Joint venture liability properly instructed; fingerprint evidence admissible; ineffective assistance claims rejected.
Appeals Court Opinions
Pantazis v. Mack Trucks, Inc., et al. (Lawyers Weekly No. 11-145-17)
Component manufacturer of truck and power take-off had no duty to warn of dangers from exposed drive shafts in assembled auxiliary system.
Commonwealth v. Bolton (Lawyers Weekly No. 11-144-17)
Legislature validly transferred Bellingham criminal jurisdiction from Norfolk to Worcester County. District Attorney for Worcester County properly prosecuted crime committed in Bellingham. Guilty plea affirmed.
Wells Fargo Bank, N.A. v. Comeau (Lawyers Weekly No. 11-143-17)
Bank cannot use equitable subrogation to impose on surviving spouse an obligation to pay husband's refinanced mortgage when she was neither party to the note nor the new mortgage.
Mac’s Homeowners Association, et al. v. Gebo, et al. (Lawyers Weekly No. 11-141-17)
Housing associations representing mobile home owners stated a valid consumer protection claim against developers who misrepresented forced eviction and violated statutory protections.
Commonwealth v. Arias (Lawyers Weekly No. 11-142-17)
Emergency aid doctrine justified warrantless entry into apartment after 911 report of armed men entering building. Court reversed suppression order.
Andrade, et al. v. City of Somerville (Lawyers Weekly No. 11-139-17)
Somerville police's failure to recover firearms from a disqualified licensee was immune from tort liability under Massachusetts Tort Claims Act section 10(e), which broadly shields public employers from licensing-related claims.
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.
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.