Commonwealth v. Santry (Lawyers Weekly No. 10-115-14)
Defendant cannot pursue interlocutory appeal from single justice's denial of leave to appeal pretrial motions; such rulings are reviewable only on direct appeal after conviction.
Lawyers
Commonwealth v. McGee (Lawyers Weekly No. 10-114-14)
First-degree murder conviction affirmed where trial judge properly allowed child witness to demonstrate victim's position during attack and excluded evidence of victim's sexual overture.
Rodriguez v. City of Somerville (Lawyers Weekly No. 11-077-14)
Presentment under the Massachusetts Tort Claims Act is a condition precedent to suit, not immunity from suit, and thus denials of motions to dismiss based on inadequate presentment are not immediately appealable.
Commonwealth v. Andrade (Lawyers Weekly No. 10-113-14)
Court affirms first-degree murder conviction based on circumstantial evidence, upholding jury selection questions about eyewitness testimony and prosecutor's closing arguments.
Commonwealth v. Higgins (Lawyers Weekly No. 11-073-14)
Conviction for carrying a dangerous weapon reversed where evidence failed to prove the folding knife possessed statutory prohibited features.
Hassey v. Hassey (Lawyers Weekly No. 11-074-14)
Massachusetts Appeals Court vacated portions of a divorce judgment applying the 2011 Alimony Reform Act. Self-modifying alimony formula lacked required findings of need. Vacation property interest wrongly excluded from marital estate.
Deadrick, et al. v. Zoning Board of Appeals of Chatham, et al. (Lawyers Weekly No. 11-075-14)
When reconstruction of a pre-existing nonconforming residential structure would create new dimensional violations, a variance is required, not just a special permit with a no-substantial-detriment finding.
GPH Cohasset, LLC, et al. v. Trustees of Reservations, et al. (Lawyers Weekly No. 11-076-14)
Appeals court affirms planning board approval of wind turbine on conservation land, finding adequate conditions addressing noise, shadow flicker, and safety concerns despite neighboring nursing home's objections.
Commonwealth v. Gelfgatt (Lawyers Weekly No. 10-112-14)
Court holds compelled decryption of seized computers does not violate Fifth Amendment where government already knew defendant owned devices, they were encrypted, and he could decrypt them.
The Bank of New York Mellon Corp. v. Wain, et al. (Lawyers Weekly No. 11-072-14)
Bank affirmed in quiet title action after foreclosure. Mortgagor cannot challenge valid assignment or prove notice-to-cure violation caused unfairness.