Hoegen v. Hoegen (Lawyers Weekly No. 11-009-16)
Vested restricted stock units constitute gross employment income for child support calculation purposes; parent cannot waive child's support rights.
Weekly
Charbonneau v. Presiding Justice of the Holyoke Division of the District Court Department (Lawyers Weekly No. 10-009-16)
Standing order precluding defendant-capped guilty pleas on trial day violates statute protecting defendant's right to tender such pleas without temporal restriction.
Rintala v. Commonwealth (Lawyers Weekly No. 10-008-16)
Double jeopardy does not bar retrial after mistrial when sufficient evidence supports conviction on the record.
Amaral v. Seekonk Grand Prix Corp. (Lawyers Weekly No. 11-008-16)
Parent accompanying minor children to go-cart facility paid for their ride tickets. Injury while supervising triggered question of whether recreational use statute immunity applied.
Commonwealth v. Dorelas (Lawyers Weekly No. 10-007-16)
Police warrant authorized search of iPhone photograph files for communications evidence. Affirmed: photographs showing defendant with gun admissible.
Commonwealth v. Carvalho (Lawyers Weekly No. 11-007-16)
Affirmed convictions for intimidating a witness and violating a harassment prevention order. Trial judge properly required explanation for peremptory challenge of only minority juror and did not err in declining special voir dire question.
Parkview Electronics Trust, LLC v. Conservation Commission of Winchester (Lawyers Weekly No. 11-006-16)
Local conservation commission properly asserted jurisdiction over property under more stringent local wetlands by-law, even though state law basis was later superseded by state agency.
Commonwealth v. Moore (Lawyers Weekly No. 10-006-16)
Reasonable suspicion, not a warrant, justifies warrantless search of parolee's home under Massachusetts Constitution. Parolees have diminished privacy expectations balancing Commonwealth's supervision interests.
Khalsa, et al. v. Sovereign Ban, N.A. (Lawyers Weekly No. 11-005-16)
Mortgage foreclosure sale invalid unless mortgagee holds note or acts as authorized agent of note holder. Remanded where genuine factual disputes remain regarding agency authorization.
Commonwealth v. Ubilez (Lawyers Weekly No. 11-004-16)
Inevitable discovery exception applied where unregistered van would necessarily be impounded and inventoried under departmental policy.