Martin v. Simmons Properties, LLC (Lawyers Weekly No. 10-012-14)
Servient estate owner may reduce easement width if narrowed way remains adequate for easement's intended purpose and holder's utility is not significantly lessened.
Weekly
Care and Protection of Yetta (Lawyers Weekly No. 11-003-14)
Court vacates order imposing custody conditions where judge found no parental unfitness despite concluding children needed care and protection.
Commonwealth v. Gupta (Lawyers Weekly No. 11-002-14)
Stalking conviction affirmed where defendant made 102 threatening calls from India and confronted victim in store, violating restraining order. Threat element requires intent to place victim in imminent fear, not imminent physical harm.
Commonwealth v. Labroad (Lawyers Weekly No. 10-006-14)
Defendant convicted of child rape was entitled to pretrial access to complainant's psychological records documenting her statements about the alleged assault.
Commonwealth v. Demers (Lawyers Weekly No. 10-007-14)
Petitioner denied extraordinary relief where adequate alternative remedy existed: right to appeal Superior Court's denial of trial motions to Appeals Court.
Commonwealth v. Gentile (Lawyers Weekly No. 10-011-14)
Trooper's subjective belief that resident was lying insufficient to establish reasonable belief that arrest warrant subject was present in home at time of entry.
Commonwealth v. Pariseau (Lawyers Weekly No. 10-008-14)
Trial judge's delayed decision in sexually dangerous person commitment case violated thirty-day deadline but did not warrant dismissal; alternative remedies available.
Johnson, et al. v. Kindred Healthcare, Inc., et al. (Lawyers Weekly No. 10-009-14)
Health care agent lacks authority to bind principal to arbitration agreement. Health care proxy statute limits agent's power to medical treatment decisions only.
Licata v. GGNSC Malden Dexter LLC (Lawyers Weekly No. 10-010-14)
Son lacked authority to sign nursing home arbitration agreement on behalf of incapacitated mother designated him as health care agent. Affirmed.
Silva v. Silva (Lawyers Weekly No. 10-005-14)
Extraordinary relief under G.L. c. 211, § 3 unavailable when adequate remedy exists through direct appeal of contempt judgment in family law matter.