Commonwealth v. Pettit (Lawyers Weekly No. 11-040-13)
Defendant convicted of operating vehicle without ignition interlock device. Appeals Court reversed, holding revoked license cannot simultaneously carry restrictions.
Appeals Court Opinions
Commonwealth v. Fabian F., a juvenile (Lawyers Weekly No. 11-041-13)
Juvenile's 1988 rape conviction upheld despite claim trial counsel was ineffective for not requesting de novo jury trial available under then-existing two-tiered system.
Commonwealth v. Doyle (Lawyers Weekly No. 11-039-13)
Breaking and entering conviction affirmed; malicious destruction of property conviction reversed where damage was incidental to theft rather than motivated by malice.
O’Brien v. New England Police Benevolent Association, Local 911 (Lawyers Weekly No. 11-038-13)
Appeals Court upholds arbitration award reinstating officer terminated for off-duty incident with teenagers, applying deferential standard of review to arbitrator's factual findings.
Commonwealth v. Campbell (Lawyers Weekly No. 11-037-13)
Defendant held in custody did not voluntarily absent himself from critical suppression hearing; trial judge abused discretion finding waiver when counsel objected; deprivation harmless error analysis does not apply.
Adoption of Zander (and three companion cases) (Lawyers Weekly No. 11-036-13)
Affirmed in part, remanded in part. Court upheld adoption plan and denied postadoption parental visitation but required judge to establish formal sibling visitation schedule.
Freddo v. Freddo (Lawyers Weekly No. 11-035-13)
Father sought to modify Florida child support order in Massachusetts. Court held duration of support cannot be modified contrary to issuing state's law.
Cameron Painting, Inc. v. University of Massachusetts (Lawyers Weekly No. 11-034-13)
Contract claim against University of Massachusetts dismissed as untimely under three-year statute of limitations applicable to Commonwealth suits, despite sealed instrument status.
Mauri, et al. v. Zoning Board of Appeals of Newton, et al. (Lawyers Weekly No. 11-033-13)
Abutters had standing to challenge permit for dwelling on garage lot held in common ownership with residential lot; ordinance protected only lots already improved with dwelling.
Commonwealth v. Haynes (Lawyers Weekly No. 11-030-13)
Police may search accessible areas of a vehicle during protective Terry stop if panel positioning and officer training suggest weapon hiding place.