Mooney v. Warren (Lawyers Weekly No. 11-020-15)
Appeal from order denying motion to dismiss on res judicata grounds dismissed as premature. Res judicata is not a doctrine of present execution.
Weekly
Commonwealth v. Arzola (Lawyers Weekly No. 10-038-15)
Eyewitness identification not impermissibly suggestive where victim identified defendant based on facial features despite defendant being only person wearing gray shirt in array. DNA analysis of lawfully seized evidence limited to identity purposes is not a search requiring warrant.
Ortiz v. Examworks, Inc. (Lawyers Weekly No. 10-036-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Palitz v. Zoning Board of Appeals of Tisbury, et al. (Lawyers Weekly No. 10-037-15)
Lot division under subdivision control law's existing structures exemption does not exempt resulting nonconformities from zoning requirements or grant grandfather protection absent a variance.
Commonwealth v. Ridge (Lawyers Weekly No. 10-035-15)
Defendant denied credit for pretrial detention on concurrent sentence where time already credited to earlier sentence. Affirmed.
Commonwealth v. Evelyn (Lawyers Weekly No. 10-034-15)
Defense counsel's concession that defendant committed manslaughter did not waive constitutional rights, so no judicial colloquy was required before trial.
Commonwealth v. Caetano (Lawyers Weekly No. 10-033-15)
Stun gun possession ban upheld as constitutional; weapon falls outside Second Amendment protection because it postdates enactment and is not in common use.
Celco Construction Corp. v. Town of Avon (Lawyers Weekly No. 11-019-15)
Contractor bidding $0.01 per cubic yard for rock removal fails to obtain equitable adjustment when actual rock quantity exceeds estimate, despite statutory protection for unknown site conditions.
Skawski, et al. v. Greenfield Investors Property Development, LLC (Lawyers Weekly No. 11-018-15)
Housing Court lacks jurisdiction over permit appeals involving large-scale development projects covered by G.L. c. 185, § 3A.
Commonwealth v. Sheridan (Lawyers Weekly No. 10-032-15)
Police lacked probable cause to search a vehicle where they observed only one ounce of marijuana, a civil infraction. Reversed.