Zelby Holdings, Inc. v. Videogenix, Inc. (Lawyers Weekly No. 11-106-17)
Partial payment rule applies to six-year statute of limitations for promissory notes under UCC; payment resets limitations period.
Lawyers
Commonwealth v. Wampler (Lawyers Weekly No. 10-134-17)
Single justice's denial of leave to appeal from post-conviction motion is final and unreviewable; no appeal to full court lies.
Riva v. Massachusetts Parole Board (Lawyers Weekly No. 10-136-17)
Parole board certiorari case; discovery disputes and mootness concerns adequately addressed on appeal from final judgment.
Martin v. Superior Court Department of the Trial Court (Lawyers Weekly No. 10-137-17)
Attorney indicted on rape charges sought to disqualify prosecutor based on prior working relationship. Supreme Judicial Court affirmed denial, finding issue properly reviewable on appeal from conviction.
Wassilie v. Commonwealth (Lawyers Weekly No. 10-135-17)
Defendant indicted on videotaping charges sought dismissal arguing duplicative counts violated double jeopardy. Affirmed; review of motion to dismiss unavailable pretrial except for substantial double jeopardy claims.
Commonwealth v. Duart (Lawyers Weekly No. 10-132-17)
Affirmed. Defense counsel's failure to disclose judge's familial relationship with prosecutor's office was inadequate performance but caused no prejudice given defendant's prior valid concerns about local jury bias.
Commonwealth v. Santana (Lawyers Weekly No. 10-133-17)
Murder conviction affirmed where defendant's statements to police were voluntary despite initial request for confidentiality, because Miranda warnings and explicit police statements about use made confidentiality assurance moot.
G6 Hospitality Property LLC v. Town of Braintree Board of Health (Lawyers Weekly No. 12-107-17)
Board of Health properly revoked motel license based on disproportionate criminal activity and public nuisance, notwithstanding operator's prior compliance efforts.
Connor v. District Attorney for the Norfolk District (Lawyers Weekly No. 12-109-17)
Court denies District Attorney's motion for reconsideration of denial of summary judgment in property seizure case; laches defense fails and statute permits return of seized property to non-defendant owner.
JG Wentworth Origination, LLC, Transferee, and N. Laudano, Payee (Lawyers Weekly No. 12-110-17)
Court denied structured settlement transfer where company would purchase future payments at 34.2% discount, constituting excessive interest disguised as a commercial transaction.