Commonwealth v. Jones (Lawyers Weekly No. 10-159-15)
Rape conviction vacated where expert testified about swab collection without personal knowledge, and rape shield hearing was closed without constitutional findings.
Lawyers
Ellis v. Commissioner of the Department of Industrial Accidents, et al. (Lawyers Weekly No. 11-148-15)
Administrative judge may review and reduce attorney fees and expenses in lump-sum workers' compensation settlements when unsubstantiated or excessive.
Commonwealth v. Walters (Lawyers Weekly No. 10-158-15)
Facebook profile with gun photo and ambiguous statement about "justice" insufficient to prove stalking threat; other harassment convictions affirmed.
Commonwealth v. Rezendes (Lawyers Weekly No. 11-147-15)
A pen is not an inherently deadly weapon under the armed career criminal statute, even though it qualifies as a dangerous weapon under common law.
Commonwealth v. Niemic (Lawyers Weekly No. 10-157-15)
Murder conviction vacated where prosecutor improperly appealed to sympathy and trial counsel failed to request reasonable provocation instruction; Commonwealth may accept manslaughter reduction or retry.
Hawley, et al. v. Preferred Mutual Insurance Company (Lawyers Weekly No. 11-146-15)
Insured's request for arbitration does not toll the statute of limitations for insurance claims. Complaint filed nearly two years after deadline and loss excluded by policy.
Russell Block Associates v. Board of Assessors of Worcester (Lawyers Weekly No. 11-145-15)
Parking garage serving residential tower qualifies as partly residential property subject to mixed-use classification and partial tax abatement.
Commerce Insurance Co., Inc. v. Gentile, et al. (Lawyers Weekly No. 10-156-15)
Insurance company properly denied optional bodily injury coverage when policyholders violated operator exclusion by allowing excluded grandson to operate vehicle and cause accident.
Reynolds v. Zoning Board of Appeals of Stow, et al. (Lawyers Weekly No. 11-144-15)
Appeals court reverses zoning board's approval of elderly housing project where evidence showed sewage discharge would contaminate neighboring wells with nitrogen exceeding safe drinking water standards.
Uzoma v. Okereke (Lawyers Weekly No. 11-141-15
Appeals Court vacates annulment judgment entered without proper service, holding that void judgments may be challenged at any time regardless of delay.