Saia v. Bay State Gas Company (Lawyers Weekly No. 11-187-15)
Water heater lease with purchase option not a disguised credit sale; substantial buyout price means option was not for nominal consideration.
Lawyers
Carrington v. Commonwealth (Lawyers Weekly No. 10-200-15)
Denial of c. 211, § 3 petition affirmed where defendant exhausted ordinary appellate review; extraordinary superintendence power exercised sparingly, not as additional appellate layer.
Souza v. Commonwealth (Lawyers Weekly No. 10-199-15)
Defendant seeking resentencing on harshness and ineffective-assistance grounds not entitled to extraordinary relief when direct appeal is pending.
Aurora Loan Services, LLC v. Murphy (Lawyers Weekly No. 11-186-15)
Foreclosure void when notice of default fails to inform borrower of right to bring court action in nonjudicial foreclosure state.
Doe, Sex Offender Registry Board No. 380316 v. Sex Offender Registry Board (Lawyers Weekly No. 10-198-15)
SJC overrules prior precedent, holding that clear and convincing evidence is required to classify sex offenders by risk level due to changed circumstances.
Chin v. Commonwealth (Lawyers Weekly No. 10-196-15)
Denial of interlocutory relief from ruling admitting witnesses in civil commitment case affirmed where party has adequate appellate and trial remedies.
Koll v. Edelstein (Lawyers Weekly No. 10-197-15)
Husband's petition for extraordinary relief from order appointing special master to sell marital home properly denied where he sought duplicate interlocutory review and failed to show irreparable harm.
Brea v. Commonwealth (Lawyers Weekly No. 10-195-15)
Defendant's petition for immediate appellate review of a motion to dismiss denial, filed before arraignment, was properly dismissed as interlocutory review unavailable absent exceptional circumstances.
Commonwealth v. Johnson (Lawyers Weekly No. 11-185-15)
Police stop justified in immediate aftermath of shooting when suspect's proximity, time, location, and concealment efforts create reasonable suspicion despite imprecise description.
Boston edvelopment Authority v. Pham, et al. (Lawyers Weekly No. 11-184-15)
Affordable housing unit owner who frequently traveled for work but maintained unit as principal residence did not violate occupancy restrictions. Sharing unit with roommates who paid portion of costs not prohibited leasing.