Commonwealth v. Packer (Lawyers Weekly No. 11-171-15)
Stepmother convicted of assaulting stepdaughter denied parental discipline instruction given to biological father. Reversed; in loco parentis analysis required for stepparent discipline defense.
Lawyers
Commonwealth v. Bond (Lawyers Weekly No. 11-170-15)
Defendant denied jail-time credit for days served on vacated prior conviction when applying credit to sentences on unrelated subsequent offenses.
Commonwealth v. Ortiz (Lawyers Weekly No. 11-168-15)
Warrantless inventory search of vehicle unconstitutional when pretextual for drug investigation despite lawful initial stop and arrest.
Commonwealth v. Colon (Lawyers Weekly No. 11-169-15)
Protective sweep of apartment during arrest warrant execution reversed where cooperative defendant opened door and attempted to leave with officers without resistance.
Champa v. Weston Public Schools, et al. (Lawyers Weekly No. 10-176-15)
Settlement agreements between a school district and parents of special education students must be disclosed under Massachusetts public records law after removal of personally identifiable information.
Commonwealth v. Doe (Lawyers Weekly No. 10-175-15)
Defendant with sex offense charge continued without a finding not subject to mandatory GPS monitoring under statute requiring GPS devices for persons placed on probation for sex offenses.
Custody of Victoria (Lawyers Weekly No. 10-174-15)
Massachusetts courts have jurisdiction over custody of unaccompanied refugee minor assigned to state by federal agency where no other state qualifies as home state and best interests favor Massachusetts court.
Bank of America, N.A. v. Diamond Financial, LLC (Lawyers Weekly No. 11-167-15)
Bank of America won equitable subrogation to restore senior mortgage priority after a refinancing error left it junior to Diamond Financial's mortgage.
Needham v. Director of the Office of Medicaid (Lawyers Weekly No. 11-166-15)
Probate court cannot compel MassHealth to recognize trust reformation in Medicaid eligibility determination when reformation occurred within look-back period.
Santana v. Commonwealth (Lawyers Weekly No. 11-165-15)
Insufficient evidence of cocaine constructive possession may support threshold eligibility for erroneous conviction relief when evidence gap tends to establish actual innocence.