Murray v. Super (Lawyers Weekly No. 11-022-15)
Relocation denial affirmed; child support modification vacated and remanded. Custodial parent's personal advantage does not override children's best interests in removal cases.
Weekly
Flaherty v. Sheriff of Suffolk County, et al. (Lawyers Weekly No. 11-023-15)
Correction officer entitled to assault pay throughout workers' compensation period, even after retirement. Three-year statute of limitations bars only payments more than three years before suit.
Commonwealth v. Dagraca-Teixeira (Lawyers Weekly No. 10-045-15)
Heroin possession convictions affirmed; firearm possession convictions reversed where Commonwealth failed to establish defendants' knowledge of and intent to control weapons concealed in attic.
Fitzgerald v. District Court Department of the Trial Court (Lawyers Weekly No. 10-044-15)
Guilty plea challenge to forced medication must use motion for new trial, not extraordinary superintendence petition under Chapter 211, Section 3.
Commonwealth v. Didas (Lawyers Weekly No. 10-043-15)
Mandatory minimum sentence reduction applies retroactively; redefined drug weights do not. Crime Bill amendments to trafficking statute apply prospectively to weights but retroactively to sentences.
Commonwealth v. Augustine (Lawyers Weekly No. 10-042-15)
Indigent defendant cannot recover appellate attorney's fees when private counsel agreed to represent him without charge and he incurred no actual financial obligation.
Chief of Police of the City of Worcester v. Holden (Lawyers Weekly No. 10-041-15)
Police chief properly denied firearm license based on domestic violence incident five years earlier, despite criminal dismissal and absence of conviction.
Abate v. Fremont Investment & Loan, et al. (Lawyers Weekly No. 10-040-15)
Property owner lacked record title necessary to bring try title action challenging mortgage assignment and foreclosure; court may consider merits to determine standing.
Soucy v. Commonwealth (Lawyers Weekly No. 10-039-15)
Interlocutory review of motion to dismiss denial unavailable absent showing that post-trial appellate review would be inadequate. Double jeopardy exception does not extend to statutory interpretation claims.
Aviksis, et al. v. Murray, et al. (Lawyers Weekly No. 11-021-15)
Guarantor of tenant's lease obligations cannot recover attorney's fees under residential lease fee-shifting statute, which applies only to tenants.