Commonwealth v. Fisher (Lawyers Weekly No. 11-084-14)
Police lawfully ordered defendant from vehicle during well-being check based on reasonable suspicion of drug possession arising from impairment and observed baggie.
Lawyers
USF Insurance Company v. Langlois, et al. (Lawyers Weekly No. 11-085-14)
Insurance exclusion applied to innocent coinsured when coinsureds' interests were inextricably intertwined and nonseverable despite arson by one party.
Watkins v. Commonwealth (Lawyers Weekly No. 10-128-14)
Juvenile charged with murder as adult seeks review of motion to dismiss. Court holds statutory forum transfer cannot be reviewed under G.L. c. 211, § 3 before trial.
Lu v. City of Boston, et al. (Lawyers Weekly No. 10-127-14)
State court properly dismissed declaratory judgment action attempting to circumvent federal appeal of adverse ruling on counsel disqualification.
Golrick v. U.S. Bank, N.A. (Lawyers Weekly No. 10-126-14)
Court affirmed denial of petition challenging disqualification of opposing counsel, finding adequate alternative remedy exists through normal appeal.
Commonwealth v. Baptista (Lawyers Weekly No. 11-083-14)
Affirmed convictions and sentence increase for child rape and assault. Rule 29(a) revision with stated reasons did not violate due process or chill appellate rights.
Commonwealth v. Peck (Lawyers Weekly No. 11-081-14)
Appeals Court reverses insurance fraud convictions where prosecutor improperly cross-examined defendant about unsubstantiated out-of-court statements.
Stone-Ashe v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-082-14)
Department of Environmental Protection's jurisdictional determination over seawall upheld where historic map evidence supported location of high water mark landward of seawall.
Gammell, petitioner (Lawyers Weekly No. 11-080-14)
Qualified examiners in sexually dangerous person cases may opine on petitioner's credibility regarding statements made during clinical evaluation, but penile plethysmograph test results must meet reliability standards.
Commonwealth v. Jordan (and a companion case) (Lawyers Weekly No. 10-124-14)
Commonwealth's late-filed interlocutory appeal from suppression order affirmed; new procedural framework established for future Rule 15 appeals.