Commonwealth v. Jordan (and a companion case) (Lawyers Weekly No. 10-124-14)
Commonwealth's late-filed interlocutory appeal from suppression order affirmed; new procedural framework established for future Rule 15 appeals.
SJC Opinions
School Committee of Lexington v. Zagaeski (Lawyers Weekly No. 10-125-14)
Teacher dismissed for sexual harassment comments. Arbitrator found conduct nominally established but minor, ordering reinstatement. Court held arbitrator exceeded authority in overriding dismissal based on teacher's past performance.
Commonwealth v. White (Lawyers Weekly No. 10-122-14)
Search incident to arrest for prior drug offense unlawful; inventory search cannot transform into investigative examination without warrant; plain view seizure requires immediately apparent incriminating character.
Weiler v. PortfolioScope, Inc., et al. (Lawyers Weekly No. 10-123-14)
Former executive wins most of his claims for unpaid settlement share after company diverted funds to insiders, with reversals only on conversion theory.
Wyman, et al. v. Ayer Properties, LLC (Lawyers Weekly No. 10-120-14)
Economic loss rule does not bar condominium trustees' negligence claims for common area damage where trustees lack contract with builder and statute designates them as exclusive representatives.
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 10-121-14)
Board reasonably interpreted regulation defining entrance as access point, considering use pattern and functionality of separate doorways providing different customer experience.
DOE, SEX OFFENDER REGISTRY BOARD NO. 156545 vs. SEX OFFENDER REGISTRY BOARD (Lawyers Weekly No. 10-119-14)
Sex offender mandamus petition compelling the Registry Board to provide hearing transcript where successor examiner was appointed after evidence closed.
Commonwealth v. Rex (Lawyer Weekly No. 10-118-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Commonwealth v. Overmyer (Lawyers Weekly No. 10-117-14)
Smell of unburnt marijuana alone does not establish probable cause to search vehicle absent evidence officers can reliably distinguish criminal from civil amounts by odor.
Commonwealth v. Craan (Lawyers Weekly No. 10-116-14)
Search of vehicle based solely on odor of unburnt marijuana violated Fourth Amendment where defendant never arrested and showed no impairment signs.