Vintimilla v. National Lumber Company (Lawyers Weekly No. 11-134-13)
Appeals Court affirmed summary judgment for equipment lessor in negligent entrustment case arising from unlicensed operator's use of leased forklift.
Weekly
Commonwealth v. Gorman (Lawyers Weekly No. 11-133-13)
Conviction reversed where jury instructions on joint venture liability failed to require proof that defendant knew accomplice was armed, despite that knowledge being an essential element.
In the Matter of: Fletcher, Patricia Jean (Lawyers Weekly No. 10-185-13)
Bar reinstatement denied where applicant failed to demonstrate current legal competency, moral fitness, or sufficient engagement with legal study after twenty-year gap from practice.
Commissioners of the Bristol County Mosquito Control District v. State Reclamation and Mosquito Control Board, et al. (Lawyers Weekly No. 10-184-13)
Whether a local mosquito control project has sole authority to set employee compensation rates subject to state agency budgetary oversight.
Commonwealth v. Arias (Lawyers Weekly No. 11-132-13)
Murder conviction upheld where trial judge's jury instructions on defense of another, though incomplete, adequately conveyed the defense and the defendant did not preserve objections for appeal.
Commonwealth v. Galazka (Lawyers Weekly No. 11-131-13)
Affirmed conviction for statutory rape, aggravated rape, and assault and battery. Defendant must file sworn indigency affidavit with clerk before court must hear motion for extra fees.
Commonwealth v. Crapps (Lawyers Weekly No. 11-130-13)
Affirmed conviction for crack cocaine trafficking where constructive possession established by sole vehicle occupancy, suspected drug activity, and circumstantial evidence; extrapolated weight calculation permissible.
Adoption of Malik (Lawyers Weekly No. 11-129-13)
Mother loses standing to appeal adoption order after parental rights terminated, even though she reserved right to propose kinship placement.
In the Matter of: Patch, Thomas F. (Lawyers Weekly No. 10-183-13)
Attorney disbarred after felony convictions affecting administration of justice; single justice's indefinite suspension based on unproven psychological issues reversed.
Commonwealth v. DeGennaro (and 13 companion cases) (Lawyers Weekly No. 11-128-13)
Affirmed convictions of contractor and bookkeeper for embezzling escrow deposits and contractor fraud. Contractual escrow agents qualify as fiduciaries under embezzlement statute.