Commonwealth v. Gopaul (Lawyers Weekly No. 11-154-14)
Drug-free zone statute applies only to public playgrounds, not privately owned playgrounds accessible to the public.
Lawyers
Washington v. Cranmer (Lawyers Weekly No. 11-153-14)
Emergency medicine physician discharged high-risk stroke patient in hypertensive crisis before obtaining critical imaging and after patient's symptoms recurred; reversal of tribunal dismissal.
Gallagher v. First Assistant Clerk-Magistrate of the Newburyport District Court, et al. (Lawyers Weekly No. 10-190-14)
Petitioner seeking superintendence review of two District Court judgments lacked standing where adequate alternative remedies existed and where small claims waiver applied.
Commonwealth v. Ortiz (Lawyers Weekly No. 10-189-14)
Murder conviction affirmed where evidence supported rejection of self-defense claim and showed premeditation despite defendant's personal background.
Commonwealth v. Liebenow (Lawyers Weekly No. 10-188-14)
Honest but mistaken belief that property was abandoned negates larceny's required specific intent, even if unreasonable. Conviction vacated; remanded for new trial.
Byron V. Hartunian, M.D., P.C. v. Pilgrim Insurance Company (Lawyers Weekly No. 11-152-14)
Insurer violated consumer protection law by delaying orthopedic bill payment, using wrong-specialty reviewer, and failing to give required notice.
Commonwealth v. Burgos (Lawyers Weekly No. 10-187-14)
Murder conviction reversed where police secretly recorded jailhouse conversation with informant without establishing requisite nexus to organized crime under wiretap statute.
Fernandes v. Attleboro Housing Authority (Lawyers Weekly No. 10-186-14)
Housing authority employee may sue in Superior Court under Wage Act for misclassification and retaliatory discharge, despite civil service protections; reinstatement unavailable remedy.
Commonwealth v. Ford (Lawyers Weekly No. 11-151-14)
Appeals Court reverses dangerous weapon conviction where evidence showed defendant was arrested for robbery, not on warrant, and knife was discovered after arrest.
Kelley, et al. v. Boston Fire Department, et al. (Lawyers Weekly No. 11-150-14)
Fire lieutenants' appeal of civil service appointment procedures remanded to commission; city's appeal of remand order dismissed as premature.