C.E. v. J.E. (Lawyers Weekly No. 10-162-15)
Wife seeks emergency stay of divorce judgment pending appeal of child abuse findings. Court affirms denial of stay, finding adequate ordinary remedies available and no likelihood of success on merits.
Weekly
Commonwealth v. Rodriguez (Lawyers Weekly No. 10-160-15)
Motor vehicle stop based on burnt marijuana odor violates Fourth Amendment where officer lacked probable cause, only reasonable suspicion, of civil infraction.
Hickey v. Pathways Association, Inc., et al. (Lawyers Weekly No. 10-161-15)
Registered land owners seeking to quiet title to private way must yield to easement rights held by inland lot owners where land registration documents show developers intended to retain fee and grant access to later purchasers.
Commonwealth v. Jones (Lawyers Weekly No. 10-159-15)
Rape conviction vacated where expert testified about swab collection without personal knowledge, and rape shield hearing was closed without constitutional findings.
Ellis v. Commissioner of the Department of Industrial Accidents, et al. (Lawyers Weekly No. 11-148-15)
Administrative judge may review and reduce attorney fees and expenses in lump-sum workers' compensation settlements when unsubstantiated or excessive.
Commonwealth v. Walters (Lawyers Weekly No. 10-158-15)
Facebook profile with gun photo and ambiguous statement about "justice" insufficient to prove stalking threat; other harassment convictions affirmed.
Commonwealth v. Rezendes (Lawyers Weekly No. 11-147-15)
A pen is not an inherently deadly weapon under the armed career criminal statute, even though it qualifies as a dangerous weapon under common law.
Commonwealth v. Niemic (Lawyers Weekly No. 10-157-15)
Murder conviction vacated where prosecutor improperly appealed to sympathy and trial counsel failed to request reasonable provocation instruction; Commonwealth may accept manslaughter reduction or retry.
Hawley, et al. v. Preferred Mutual Insurance Company (Lawyers Weekly No. 11-146-15)
Insured's request for arbitration does not toll the statute of limitations for insurance claims. Complaint filed nearly two years after deadline and loss excluded by policy.
Russell Block Associates v. Board of Assessors of Worcester (Lawyers Weekly No. 11-145-15)
Parking garage serving residential tower qualifies as partly residential property subject to mixed-use classification and partial tax abatement.