LaChance v. Commissioner of Correction (Lawyers Weekly No. 10-167-16)
Inmate's civil rights victory on due process claim qualifies him as prevailing party for attorney's fees despite prior discharge from solitary confinement.
Lawyers
Cantell, et al. v. Commissioner of Correction, et al. (Lawyers Weekly No. 10-166-16)
Court reverses dismissal of inmate class action alleging unlawful segregation, finds appeal not moot despite named plaintiffs' release from segregation units.
Brown, et al. v. Kalicki, et al. (Lawyers Weekly No. 11-153-16)
Accreted beachfront acquired by littoral owners automatically becomes registered land upon formation, shielding it from prescriptive easement claims by nonowners.
Commonwealth v. White (Lawyers Weekly No. 10-165-16)
Conviction for child rape vacated on two grounds: erroneous jury instruction on statute of limitations tolling and insufficient corroborating evidence. Corroboration must relate to specific charged acts, not uncharged misconduct.
Fehrm-Cappuccino v. Cappuccino (Lawyers Weekly No. 11-152-16)
Appeals Court vacates downward child support modification and remands on multiple grounds involving rental income, household contributions, earning capacity attribution, and contempt findings.
Commonwealth v. Williams (Lawyers Weekly No. 10-164-16)
Joint venturer convicted of murder during armed robbery. Defendant drove victim to meeting and acted as lookout. Substitute medical examiner properly testified despite original examiner's indictment.
Commonwealth v. Laltaprasad (Lawyers Weekly No. 10-163-16)
Trial judge lacked authority to depart from mandatory minimum sentences for drug offenses without legislatively enacted sentencing guidelines. Sentences vacated and remanded.
Commonwealth v. Nicoleau (Lawyers Weekly No. 11-151-16)
Police improperly seized and inventoried defendant's backpack when grandmother was present and willing to accept his belongings.
Commonwealth v. Ferreira (Lawyers Weekly No. 11-149-16)
Acquittal of murder does not bar subsequent perjury prosecution where jury could have believed witness testimony yet acquitted defendant based on other legal grounds.
Commonwealth v. Burnham (Lawyers Weekly No. 11-148-16)
Reversed. An OUI citation issued 4.5 months after a single-car accident, without statutory justification under Massachusetts traffic citation law, must be dismissed.