Abate v. Fremont Investment & Loan, et al. (Lawyers Weekly No. 10-040-15)
Property owner lacked record title necessary to bring try title action challenging mortgage assignment and foreclosure; court may consider merits to determine standing.
SJC Opinions
Soucy v. Commonwealth (Lawyers Weekly No. 10-039-15)
Interlocutory review of motion to dismiss denial unavailable absent showing that post-trial appellate review would be inadequate. Double jeopardy exception does not extend to statutory interpretation claims.
Commonwealth v. Arzola (Lawyers Weekly No. 10-038-15)
Eyewitness identification not impermissibly suggestive where victim identified defendant based on facial features despite defendant being only person wearing gray shirt in array. DNA analysis of lawfully seized evidence limited to identity purposes is not a search requiring warrant.
Ortiz v. Examworks, Inc. (Lawyers Weekly No. 10-036-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Palitz v. Zoning Board of Appeals of Tisbury, et al. (Lawyers Weekly No. 10-037-15)
Lot division under subdivision control law's existing structures exemption does not exempt resulting nonconformities from zoning requirements or grant grandfather protection absent a variance.
Commonwealth v. Ridge (Lawyers Weekly No. 10-035-15)
Defendant denied credit for pretrial detention on concurrent sentence where time already credited to earlier sentence. Affirmed.
Commonwealth v. Evelyn (Lawyers Weekly No. 10-034-15)
Defense counsel's concession that defendant committed manslaughter did not waive constitutional rights, so no judicial colloquy was required before trial.
Commonwealth v. Caetano (Lawyers Weekly No. 10-033-15)
Stun gun possession ban upheld as constitutional; weapon falls outside Second Amendment protection because it postdates enactment and is not in common use.
Commonwealth v. Sheridan (Lawyers Weekly No. 10-032-15)
Police lacked probable cause to search a vehicle where they observed only one ounce of marijuana, a civil infraction. Reversed.
Commonwealth v. Ramos (Lawyers Weekly No. 10-031-15)
Warrantless entry into garage justified by exigent circumstances when officers tracked stolen vehicle via LoJack and heard dismantling activity. Admission of codefendant's jailhouse statements proper where codefendant testified and defenses were not antagonistic.