In the Matter of E.C. (Lawyers Weekly No. 11-095-16)
Dismissal of criminal charges does not terminate hospital authority to petition for continued commitment under § 16(c) when petition was filed before dismissal.
Lawyers
Arsenault v. Bhattacharya (Lawyers Weekly No. 11-094-16)
Dismissal upheld for failure to provide 182-day notice to physician before commencing medical malpractice suit, but reversed because statute contains no express penalty for noncompliance.
Commonwealth v. Vargas (Lawyers Weekly No. 10-113-16)
Medical marijuana law does not immunize probation violations occurring before defendant became a qualifying patient under the statute.
Commonwealth v. Diggs; Commonwealth v. Soto (Lawyers Weekly No. 10-112-16)
Defendants challenge pretrial detention orders under dangerousness statute. Court holds "held under arrest" includes any person arrested or subject to warrant for enumerated offense, regardless of custody status.
Commonwealth v. Wade (Lawyers Weekly No. 10-111-16)
Defendant seeking postconviction DNA testing satisfied statutory requirements by proving the requested analysis had not been developed at trial, eliminating need to establish any other enumerated reason.
Bellermann, et al. v. Fitchburg Gas and Electric Light Company (Lawyers Weekly No. 10-110-16)
Customers cannot establish economic injury under consumer protection law by claiming they overpaid for utility services based on the utility's failure to comply with emergency preparedness regulations when no emergency occurred during the relevant period.
Commonwealth v. Philbrook (Lawyers Weekly No. 10-109-16)
Murder conviction affirmed where prior bad act evidence properly admitted to show defendant's motive and state of mind, and juror misconduct claims rejected.
Commonwealth v. Abdallah (Lawyers Weekly No. 10-108-16)
Court affirms suppression of drugs found in backpack seized during arrest, holding the seizure unreasonable when practical alternatives existed.
Weiss v. City of Cambridge (Lawyers Weekly No. 11-093-16)
Driver must yield to pedestrian in marked crosswalk even with green light. Statute applies generally, not just when following stopped vehicles.
Bowers v. P. Wile’s Inc. (Lawyers Weekly No. 10-107-16)
Mode of operation approach applies to self-service gravel display area where stones predictably migrate onto walkway, creating foreseeable tripping hazard.