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.
case
Singh v. Capuano (and a consolidated case) (Lawyers Weekly No. 10-099-14)
Abuse prevention order; when evidentiary hearings must be held; effect of defendant's criminal proceedings and privilege against self-incrimination.
Twomey, et al. v. Town of Middleborough, et al. (and a companion case) (Lawyers Weekly No. 10-092-14)
Board of selectmen, not town meeting, has authority to set HMO premium contribution percentages for retired municipal employees under G.L. c. 32B, § 16.
Commonwealth v. Labadie (and a companion case) (Lawyers Weekly No. 10-017-14)
Embezzlement convictions vacated where victim was federal credit union not covered by state bank embezzlement statute. Larceny by embezzlement is lesser included offense; remanded for conviction and resentencing on that charge.
Bolduc’s Case (Lawyers Weekly No. 11-143-13)
Successive insurer rule requires insurer on risk at time of new injury to pay benefits; voluntary payment by prior insurer does not waive coverage defenses or create liability agreement.
Beatty’s Case (Lawyers Weekly No. 11-140-13)
Two-year limitations period for COLA reimbursement claims upheld as rationally related to pay-as-you-go funding system and annual budgeting process.
Upton’s Case (Lawyers Weekly No. 11-127-13)
Investigatory interview about earnings discrepancies constitutes personnel action barring workers' compensation for resulting emotional disability.
Adoption of Gabe (and one companion case) (Lawyers Weekly No. 11-117-13)
Father appealed adoption decree terminating his parental rights, arguing he was denied counsel. Court held newly announced constitutional right to appointed counsel applies retroactively to nonfinal cases.
Spaniol’s Case (Lawyers Weekly No. 10-141-13)
Workers' compensation insurer may not offset attorney's fees against lump-sum award for specific permanent injuries under § 36; offset provision applies only to ongoing weekly benefits.
Adoption of Norbert (and a companion case) (Lawyers Weekly No. 11-055-13)
Mother appealed termination of parental rights and dispensing with consent to adoption. Court affirmed despite judge's excessive questioning of witnesses, finding no due process violation.