Commonwealth v. Figueroa (Lawyers Weekly No. 11-021-13)
Grandmother convicted of reckless endangerment of child for preventing immediate medical care after infant suffered serious head trauma.
Appeals Court Opinions
Chambers, et al. v. Gold Medal Bakery, Inc., et al. (Lawyers Weekly No. 11-020-13)
Family business stock purchase agreement with arbitration clause not superseded by later settlement agreement addressing corporate-record access; arbitration premature pending resolution of underlying dispute.
Weiler v. PortfolioScope, Inc., et al. (Lawyers Weekly No. 11-019-13)
Appeals court reversed judgment favoring software developer against PortfolioScope and its controlling shareholder over disputed entitlement to litigation settlement proceeds, holding secured creditor's prior interest took priority.
Commonwealth v. Housen (Lawyers Weekly No. 11-013-13)
Affirmed convictions for armed assault with intent to murder and multiple violations of abuse prevention order. Separate violation counts are not duplicative when defendant contacted different protected individuals.
Commonwealth v. DiGiambattista (Lawyers Weekly No. 11-014-13)
Appeal of conviction for indecent assault. Defendant's statements to police were voluntary despite detective's emotional appeals and minimization tactics, as long as no false factual claims were made.
Commonwealth v. Valentin V., a juvenile (Lawyers Weekly No. 11-015-13)
Reversed dismissal of delinquency complaints for threatening crime and witness intimidation; Commonwealth need not prove threatened victim actually heard threat when communicated through intermediary.
Commonwealth v. Avram A., a juvenile (Lawyers Weekly No. 11-018-13)
Restitution order affirmed where juvenile admitted to vandalism and agreed to pay restitution. Age alone does not excuse a child from restitution; juveniles can earn money through lawful part-time work.
Commonwealth v. Oquendo (Lawyers Weekly No. 11-016-13)
Rape conviction affirmed. Force element amply supported by evidence. Force and threat of bodily injury not separate theories requiring jury unanimity.
Commonwealth v. Tassone (Lawyers Weekly No. 11-017-13)
DNA expert testimony admissible where state chemist compared defendant's DNA profile to commercial laboratory profile without testifying to underlying analysis.