Commonwealth v. Stewart (Lawyers Weekly No. 10-135-14)
Conviction vacated where officer lacked probable cause to arrest and opened backpack after defendant withdrew consent, making cocaine and cash inadmissible fruits of illegal search.
SJC Opinions
Commonwealth v. Richardson (Lawyers Weekly No. 10-134-14)
Defendant sentenced under two firearm sentencing enhancements must be resentenced under one. Rule of lenity applies where statutory language is ambiguous.
Zaleski v. Zaleski (Lawyers Weekly No. 10-133-14)
Rehabilitative alimony appropriate where recipient spouse has demonstrated ability to reenter workforce based on employment history and transferable skills, despite lack of specific identifiable job. Remanded for recalculation of amount using all income sources.
City of Brockton v. Energy Facilities Siting Board (No. 1) (and two consolidated cases) (Lawyers Weekly No. 10-131-14)
Environmental Facilities Siting Board approval of natural gas power plant affirmed where board properly applied environmental justice policy, air quality standards, meteorological data, water supply analysis, and traffic route designations.
Brockton Power Company LLC v. Energy Facilities Siting Board (Lawyers Weekly No. 10-132-14)
Energy Facilities Siting Board properly denied a power plant's request to use municipal drinking water for cooling when environmental impacts to the Silver Lake water system could not be minimized as required by statute.
Lightlab Immaging, Inc. v. Axsun Technologies, Inc., et al. (Lawyers Weekly No. 10-130-14)
Affirmed; modified to include declaratory relief on contract interpretation. Trial judge properly excluded speculative expert testimony on future lost profits and correctly denied broad permanent injunctive relief without showing reasonable likelihood of reoffending.
The Woodward School for Girls, Inc. v. City of Quincy, et al. (Lawyers Weekly No. 10-129-14)
City of Quincy breached fiduciary duties as trustee of Adams and Charles Francis Adams Funds by failing to diversify investments and protect principal against inflation, though not required to follow specific investment advice.
Watkins v. Commonwealth (Lawyers Weekly No. 10-128-14)
Juvenile charged with murder as adult seeks review of motion to dismiss. Court holds statutory forum transfer cannot be reviewed under G.L. c. 211, § 3 before trial.
Lu v. City of Boston, et al. (Lawyers Weekly No. 10-127-14)
State court properly dismissed declaratory judgment action attempting to circumvent federal appeal of adverse ruling on counsel disqualification.
Golrick v. U.S. Bank, N.A. (Lawyers Weekly No. 10-126-14)
Court affirmed denial of petition challenging disqualification of opposing counsel, finding adequate alternative remedy exists through normal appeal.