H.T. v. Commonwealth, et al. (Lawyers Weekly No. 10-100-13)
Crime victim lacks standing to challenge probation conditions requiring biological father to support child resulting from statutory rape. Family court matters subject to ordinary appeal.
Lawyers
Fraelick v. PerkettPR, Inc., et al. (Lawyers Weekly No. 11-071-13)
Employee fired days after complaining about unpaid business expense reimbursements states plausible Wage Act retaliation claim where employer condition payment of wages on employee advancing expense monies.
Plainville Asphalt Corp. v. Town of Plainville (Lawyers Weekly No. 11-072-13)
Nonconforming bituminous concrete use lost protection through nonuse exceeding two years; 1983 bylaw amendment permitting such loss applied.
Commonwealth v. Rousseau; Commonwealth v. Dreslinski (Lawyers Weekly No. 10-097-13)
GPS warrant supported by probable cause; passenger has standing to challenge surveillance; probation condition limiting computer access unconstitutionally broad; convictions affirmed with probation modification.
Commonwealth v. Gray (Lawyers Weekly No. 10-098-13)
Murder conviction affirmed where three attacks on family members were properly joined for trial and ammunition seized from defendant's apartment was admissible under inevitable discovery.
Commonwealth v. Bins (Lawyers Weekly No. 10-099-13)
Murder defendant's statement to police in Portuguese was admissible where Miranda warnings, though initially deficient on appointed counsel, were clarified before defendant's statement and defendant demonstrated understanding.
Chardin v. Police Commissioner of Boston, et al. (Lawyers Weekly No. 10-096-13)
Second Amendment challenge to Massachusetts statute permanently disqualifying juveniles adjudicated delinquent for felonies from obtaining firearm licenses. Affirmed.
Mahoney v. American Automobile Insurance Company (Lawyers Weekly No. 11-070-13)
Insurer properly denied optional bodily injury coverage for household member's negligent entrustment of rental car to unauthorized driver, as entrustment constituted use without vehicle owner's consent.
Leder v. Superintendent of Schools of Concord & Concord-Carlyle Regional School District, et al. (Lawyers Weekly No. 10-095-13)
Private party cannot seek civil rescission of municipal action under ethics law without State Ethics Commission finding of violation and municipal agency's request for rescission.
Commonwealth v. Shippee (Lawyers Weekly No. 11-067-13)
Affirmed convictions for indecent assault, assault with intent to kill, assault with intent to maim, and assault by dangerous weapon. Rejected challenges to jury instructions, victim character evidence, and claim of duplicative convictions.