Commonwealth v. Gomes (Lawyers Weekly No. 10-075-13)
Judge cannot consider defendant's trial testimony as perjurious when imposing sentence. Perceived perjury at sentencing constitutes reversible error creating substantial miscarriage risk.
Lawyers
Ajemian, et al. v. Yahoo!, Inc. (Lawyers Weekly No. 11-057-13)
Estate administrators seeking their brother's email account contents may pursue Massachusetts suit despite forum selection clause in Yahoo's Terms of Service.
Commonwealth v. Rivera (Lawyers Weekly No. 11-058-13)
First complaint testimony of sexual abuse properly admitted one week after victim initially disclosed only physical abuse; rescue plan evidence admissible; mental health records subpoena denied.
Commonwealth v. Spencer (Lawyers Weekly No. 10-072-13)
Trial judge properly excluded portions of defendant's police statements and jailhouse calls as unequivocal denials, inadmissible police accusations, or more prejudicial than probative. Affirmed.
I.S.H. v. M.D.B. (Lawyers Weekly No. 11-056-13)
Reversed and remanded. Paternity judgment against nonresident father lacks validity where trial judge failed to find personal jurisdiction existed, relying instead on waiver theories.
275 Washington Street Corp. v. Hudson River International, LLC, et al. (Lawyers Weekly No. 10-071-13)
Indemnification clause in commercial lease does not permit recovery of posttermination damages until end of original lease term unless lease specifically provides otherwise.
McCabe v. Commissioner of Correction (Lawyers Weekly No. 10-070-13)
Single justice properly exercised discretion in transferring McCabe's application from county court to Superior Court, consolidating it with his related action there.
Adoption of Norbert (and a companion case) (Lawyers Weekly No. 11-055-13)
Mother appealed termination of parental rights and dispensing with consent to adoption. Court affirmed despite judge's excessive questioning of witnesses, finding no due process violation.
Commonwealth v. F.W. (Lawyers Weekly No. 10-069-13)
Adult half-sister may vicariously consent to recording vulnerable child's communications with alleged abuser under federal wiretap statute's consent exception.
Devlin v. Commonwealth (Lawyers Weekly No. 11-053-13)
Civil commitment facility resident assaulted by criminal inmate trustee. Commonwealth liable for violating statutory duty to house civilly committed separately from convicted criminals.