M.B. v. J.B. (Lawyers Weekly No. 11-093-14)
Abuse prevention order affirmed where defendant waived venue objection through participation in prior proceedings and evidence showed reasonable fear based on harassment history.
Weekly
Commonwealth v. Richardson (Lawyers Weekly No. 10-134-14)
Defendant sentenced under two firearm sentencing enhancements must be resentenced under one. Rule of lenity applies where statutory language is ambiguous.
Zaleski v. Zaleski (Lawyers Weekly No. 10-133-14)
Rehabilitative alimony appropriate where recipient spouse has demonstrated ability to reenter workforce based on employment history and transferable skills, despite lack of specific identifiable job. Remanded for recalculation of amount using all income sources.
City of Brockton v. Energy Facilities Siting Board (No. 1) (and two consolidated cases) (Lawyers Weekly No. 10-131-14)
Environmental Facilities Siting Board approval of natural gas power plant affirmed where board properly applied environmental justice policy, air quality standards, meteorological data, water supply analysis, and traffic route designations.
Brockton Power Company LLC v. Energy Facilities Siting Board (Lawyers Weekly No. 10-132-14)
Energy Facilities Siting Board properly denied a power plant's request to use municipal drinking water for cooling when environmental impacts to the Silver Lake water system could not be minimized as required by statute.
Commonwealth v. Lopez (Lawyers Weekly No. 11-091-14)
Rape conviction affirmed where speedy trial delay was not unreasonable and nondisclosed DNA analyst emails were not material or prejudicial to defense.
Commonwealth v. Traylor (Lawyers Weekly No. 11-092-14)
Affirmed convictions for child abuse where separate indictments charged discrete injuries to child's body. Double jeopardy not violated by multiple punishments for each particularized bodily injury.
Commonwealth v. Bradshaw (Lawyers Weekly No. 11-090-14)
Affirmed convictions for indecent assault and battery on child and carrying dangerous weapon. Sexual attraction statement admissible to prove motive and intent; knife positioned accessibly during suspicious arrest meeting.
Lightlab Immaging, Inc. v. Axsun Technologies, Inc., et al. (Lawyers Weekly No. 10-130-14)
Affirmed; modified to include declaratory relief on contract interpretation. Trial judge properly excluded speculative expert testimony on future lost profits and correctly denied broad permanent injunctive relief without showing reasonable likelihood of reoffending.
Commonwealth v. Rutledge (and 16 companion cases) (Lawyers Weekly No. 11-088-14)
Officers must conduct preliminary pat frisk of backpack before warrantless search, even when investigating armed suspects.