Commonwealth v. Dumas (Lawyers Weekly No. 11-054-13)
Affirmed convictions for rape and sexual assault where defendant exploited victim's religious beliefs about ancestral spirits to coerce submission through constructive force.
Lawyers
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 11-052-13)
Architectural Access Board properly required all entrances to store be accessible to disabled persons, rejecting retailer's argument that multiple doorways constituted one entrance.
T. Butera Auburn, LLC, et al. v. Williams, et al. (and a companion case) (Lawyers Weekly No. 11-051-13)
Appeals court affirms jury verdicts for breach of contract and consumer protection violations in veterinary practice sale dispute, requiring doubling of all damages.
In the Matter of Gustafson, Lauren (Lawyers Weekly No. 10-067-13)
Attorney suspended six months for practicing law while administratively suspended and failing to cooperate with bar discipline investigation. Affirmed.
Commonwealth v. Carr (Lawyers Weekly No. 10-068-13)
Murder conviction affirmed despite thirty-year delay. Speedy trial claim rejected where defendant evaded prosecution and delayed assertion of rights.
Commonwealth v. Alicea (Lawyers Weekly No. 10-066-13)
Conviction for murder in the first degree and assault and battery affirmed where evidence supported extreme atrocity or cruelty theory and eyewitness identification was reliable despite some police procedures.
Commonwealth v. Roy (Lawyers Weekly No. 10-063-13)
Murder conviction affirmed where defendant admitted beating and strangling wife, dumping body in quarry with cement block weight; sufficient evidence of extreme atrocity or cruelty.
DeWolfe v. Hingham Centre, Ltd., et al. (Lawyers Weekly No. 10-064-13)
Real estate broker must exercise reasonable care in representing a property's zoning status; jury question exists on whether broker reasonably relied on seller's information without further investigation.
Commonwealth v. Hanson H., a juvenile (Lawyers Weekly No. 10-065-13)
Mandatory GPS monitoring under G.L. c. 265, § 47 does not apply to juveniles adjudicated delinquent for sex offenses, as the statute's language and structure suggest it applies only to adults, and applying it to juveniles would conflict with the juvenile justice system's rehabilitative principles.
Commonwealth v. Davis (Lawyers Weekly No. 11-050-13)
Drug trafficking conviction reversed due to harmless-error analysis of unconstitutionally admitted drug certificates, despite circumstantial evidence. Wiretap warrant issues affirmed.