Martinez v. Commonwealth (Lawyers Weekly No. 10-106-16)
Drug defendant's petition for discovery subpoena denied; extraordinary relief under G.L. c. 211, § 3 unavailable when discovery disputes can be addressed on direct appeal.
Lawyers
Great Woods, Inc., et al. v. Clemmey (Lawyers Weekly No. 11-092-16)
Permanent injunction preventing neighbor from trespassing and harassing employees extended to successor property owner. No significant change in circumstances warranted relief.
Commonwealth v. Castillo (Lawyers Weekly No. 11-091-16)
Appellate court vacates suppression order where trial judge's findings contradicted her own credited testimony about officer's observations of suspected drug transaction.
Commonwealth v. Resende (Lawyers Weekly No. 10-105-16)
Defendant seeking to withdraw guilty plea for drug distribution failed to establish egregious misconduct by Dookhan serving as setup operator for some samples, as opposed to chemist signing certificates.
Commonwealth v. St. George (Lawyers Weekly No. 11-090-16)
Drug distribution conviction affirmed where officers observed pickup, short suspicious drive to school parking lot, and defendant found with large cash sum and distribution documents.
Jose v. Wells Fargo Bank, N.A. (Lawyers Weekly No. 11-089-16)
Mortgage lender must conduct face-to-face meeting with defaulting borrower before foreclosure on FHA-insured mortgage. Exemption for distant properties does not apply when lender maintains any branch office, including loan origination branches, within 200 miles.
Commonwealth v. Gilman (Lawyers Weekly No. 11-088-16)
Teacher convicted of rape and assault on student; Facebook chat messages properly authenticated and admitted; ineffective assistance claim properly declined on direct appeal.
Commonwealth v. Weaver (Lawyers Weekly No. 10-104-16)
Affirmed. Defendant's statements to police and his mother were voluntary despite prolonged questioning. Courtroom closure during jury selection violated the Sixth Amendment but did not warrant relief for ineffective assistance.
Commonwealth v. Francis (Lawyers Weekly No. 10-103-16)
Defendant convicted of cocaine trafficking based on drug certificates signed by chemist later found to have engaged in systematic fraud. Court extends conclusive presumption of egregious misconduct from guilty plea cases to trial convictions, vacates conviction.
Bank of America, N.A. v. Prestige Imports, Inc., et al. (Lawyers Weekly No. 11-087-16)
Attorney's lien forfeited when lawyer withdraws without good cause, but retained under quantum meruit when client conduct destroys the attorney-client relationship.