Commonwealth v. Amado (Lawyers Weekly No. 10-053-16)
Strip search of defendant's genital area during traffic stop lacked probable cause and was unreasonable; conviction reversed and suppressed.
Lawyers
Kitras, et al. v. Town of Aquinnah, et al. (Lawyers Weekly No. 10-052-16)
Partition of Native American common lands did not create implied easements by necessity. Tribal custom provided free passage, commissioners expressly reserved other rights in some deeds, and poor land quality suggested no access was intended.
Heyn v. Director of the Office of Medicaid (Lawyers Weekly No. 11-043-16)
Irrevocable trust provides no circumstances for distributing principal to grantor; annuity income portion only available for distribution, not return of capital.
Burbank Apartments Tenant Association, et al. v. Kargman, et al. (Lawyers Weekly No. 10-051-16)
Fair housing disparate impact claim survives motion to dismiss in principle, but fails on pleadings when owner's compliance with Section 8 regulations actually increased subsidy eligibility.
Landry v. Massachusetts Port Authority, et al. (Lawyers Weekly No. 11-042-16)
Injury at airport gate not subject to exclusive statutory remedy when plaintiff alleges negligent human operation rather than physical way defect.
Commonwealth v. Cassino (Lawyers Weekly No. 10-050-16)
Affirmed murder conviction where DNA evidence from victim's blood on defendant's shoes was independently discoverable despite arguably unlawful initial observation at treatment facility.
Duffy v. Amica Mutual Insurance Co. (Lawyers Weekly No. 11-041-16)
Chiropractor denied PIP benefits after failing to coordinate benefits between auto insurer and patient's health insurer before seeking payment of unpaid balance.
Chiaraluce v. Zoning Board of Wareham (and a consolidated case) (Lawyers Weekly No. 11-040-16)
Nonconforming structure destroyed in 1991 and demolished that year; original owners obtained reconstruction permit but never rebuilt; property sold in 1993; new owner waited nine and a half years before seeking building permit. Abandonment as matter of law affirmed.
Commonwealth v. Boyd (Lawyers Weekly No. 10-049-16)
Armed career criminal conviction reversed; second offender enhancement effectively dismissed by initial sentencing decision; resentencing on underlying crime affirmed.
Commonwealth v. Sylvia (Lawyers Weekly No. 11-039-16)
Defendant's guilty plea was knowingly voluntary despite unequal judicial procedures. Armed career criminal is sentencing enhancement, not separate offense.