Calvao, et al. v. Raspallo (Lawyers Weekly No. 11-128-17)
Condominium unit owner cannot build addition on exclusive-use common area without unanimous consent of all unit owners holding interest in that area.
Category Appeals Court Opinions
Commonwealth v. Shane S., a juvenile (Lawyers Weekly No. 11-126-17)
Juvenile charged with firearm possession appeals suppression denial. Court held no seizure occurred until physical contact; prior observation and questioning were lawful. Officers had reasonable suspicion based on suspicious movements and associations.
Commonwealth v. Green (Lawyers Weekly No. 11-127-17)
Defendant's confession to stealing $240 from murdered neighbors' home sufficiently corroborated by circumstantial evidence. Money stolen from building's protection, not personal custody.
Commonwealth v. Tremblay (Lawyers Weekly No. 11-125-17)
Miranda waiver valid despite defendant's alcohol consumption when videotape shows alert, coherent defendant answering questions responsively with specific details.
Commonwealth v. O’Leary (Lawyers Weekly No. 11-123-17)
Reversed motion to dismiss motor vehicle indictment despite six-week citation delay where serious accident injuries and oral notice of charges satisfied statute's purpose.
A.S.R. v. A.K.A. (Lawyers Weekly No. 11-124-17)
Extended harassment prevention order affirmed where defendant sent hundreds of electronic messages and made in-person appearances despite explicit requests to stop, using deceptive methods to circumvent blocking.
Commonwealth v. O’Donnell (Lawyers Weekly No. 11-122-17)
Administrative inspection warrant exceeded when officials converted regulatory inspection into criminal investigation for fraudulent electricity use.
Perry, et al. v. Aiello, et al. (Lawyers Weekly No. 11-121-17)
Beacon Hill passageway dispute. 1947 agreement restricting DeLuca property use expired after fifty years. Parking prohibited; daily trash loading allowed.
Commonwealth v. Ormond O., a juvenile (Lawyers Weekly No. 11-120-17)
Juvenile found delinquent of cocaine possession as front seat passenger in vehicle where back seat passenger possessed drugs. Affirmed; circumstantial evidence of joint venture sufficient.
J.C. v. J.H. (Lawyers Weekly No. 11-119-17)
Harassment prevention order affirmed; firearms surrender provision vacated. Threatening texts, physical pursuit, and workplace confrontation constitute harassment despite First Amendment claim.