Commonwealth v. Peck (Lawyers Weekly No. 11-081-14)
Appeals Court reverses insurance fraud convictions where prosecutor improperly cross-examined defendant about unsubstantiated out-of-court statements.
Weekly
Stone-Ashe v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-082-14)
Department of Environmental Protection's jurisdictional determination over seawall upheld where historic map evidence supported location of high water mark landward of seawall.
Gammell, petitioner (Lawyers Weekly No. 11-080-14)
Qualified examiners in sexually dangerous person cases may opine on petitioner's credibility regarding statements made during clinical evaluation, but penile plethysmograph test results must meet reliability standards.
Commonwealth v. Jordan (and a companion case) (Lawyers Weekly No. 10-124-14)
Commonwealth's late-filed interlocutory appeal from suppression order affirmed; new procedural framework established for future Rule 15 appeals.
School Committee of Lexington v. Zagaeski (Lawyers Weekly No. 10-125-14)
Teacher dismissed for sexual harassment comments. Arbitrator found conduct nominally established but minor, ordering reinstatement. Court held arbitrator exceeded authority in overriding dismissal based on teacher's past performance.
Commonwealth v. White (Lawyers Weekly No. 10-122-14)
Search incident to arrest for prior drug offense unlawful; inventory search cannot transform into investigative examination without warrant; plain view seizure requires immediately apparent incriminating character.
Weiler v. PortfolioScope, Inc., et al. (Lawyers Weekly No. 10-123-14)
Former executive wins most of his claims for unpaid settlement share after company diverted funds to insiders, with reversals only on conversion theory.
Wyman, et al. v. Ayer Properties, LLC (Lawyers Weekly No. 10-120-14)
Economic loss rule does not bar condominium trustees' negligence claims for common area damage where trustees lack contract with builder and statute designates them as exclusive representatives.
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 10-121-14)
Board reasonably interpreted regulation defining entrance as access point, considering use pattern and functionality of separate doorways providing different customer experience.
DOE, SEX OFFENDER REGISTRY BOARD NO. 156545 vs. SEX OFFENDER REGISTRY BOARD (Lawyers Weekly No. 10-119-14)
Sex offender mandamus petition compelling the Registry Board to provide hearing transcript where successor examiner was appointed after evidence closed.