Commonwealth v. Valdez (Lawyers Weekly No. 11-143-15)
Guilty plea motion denied where defendant failed to show actual deportation or exclusion proceedings despite presumed lack of immigration warning.
Lawyers
Boyle, et al. v. Zurich American Insurance Company (Lawyers Weekly No. 10-155-15)
Insurer breached duty to defend when it failed to act on notice of pending lawsuit. Prejudice not presumed; insurer must prove actual harm. Settlement obligation applies when liability becomes clear.
Dexter v. Superintendent, Massachusetts Correctional Institution, Concord (Lawyers Weekly No. 11-142-15)
Pretrial detainees qualify as transient inmates under the property regulation and are not entitled to property access based on institutional security levels.
Commonwealth v. Garcia (Lawyers Weekly No. 11-140-15)
Affirmed convictions for carrying unlicensed and loaded firearms. Jury trial waiver colloquy adequate; motion to suppress properly denied based on reasonable suspicion.
Adoption of Eden (and two companion cases) (Lawyers Weekly No. 11-139-15)
Father's parental rights terminated based on refusal to cooperate with child services, lack of understanding of children's medical needs, and failure to show progress, not on unproven sexual abuse allegations.
Commonwealth v. Vera (Lawyers Weekly No. 11-138-15)
Sex crime convictions affirmed. Internet search evidence for young-girl pornography admissible to prove intent and motive, not character, despite inflammatory nature.
Belizaire v. Furr (Lawyers Weekly No. 11-137-15)
Landlord not liable for guest's murder at party. No prior violent incidents at property, no knowledge of assailant, attack not foreseeable.
Kace v. Liang (Lawyers Weekly No. 10-154-15)
Affirmed judgment in wrongful death case despite trial errors regarding expert disclosure and inadmissible Internet hearsay, finding no material prejudice.
In the Matter of the Estate of Galatis (Lawyers Weekly No. 11-136-15)
Will contestant overcomes capacity presumption; burden shifts to proponents. Trial judge properly found encephalopathy and medications rendered testator unable to understand will provisions.
Schechter v. Schechter (and a companion case) (Lawyers Weekly No. 11-135-15)
Affirmed custody award, abuse prevention order, and invalidity of prenuptial agreement; vacated overly broad removal provision requiring remand for evidentiary hearing.