Commonwealth v. Palmer (Lawyers Weekly No. 10-057-13)
Cultivation of marijuana remains a criminal offense under state law even when the amount cultivated weighs one ounce or less, despite decriminalization of simple possession.
Weekly
Commonwealth v. Daniel (Lawyers Weekly No. 10-058-13)
Police searched vehicle glove box after detecting marijuana odor and finding two small bags. Court suppressed firearm evidence, holding smell of marijuana alone insufficient after decriminalization and officer-safety justification inadequate.
Commonwealth v. Jackson (Lawyers Weekly No. 10-059-13)
Officers lacked probable cause to arrest defendant for social sharing of marijuana decriminalized by 2008 initiative; warrantless search violated Fourth Amendment.
GMAC Mortgage, LLC v. First American Title Insurance Company (Lawyers Weekly No. 10-056-13)
Title insurer defending reformation suit need not pay defense costs for homeowner's emotional distress and deceptive practices claims arising from foreclosure.
LeBaron v. Commonwealth (Lawyers Weekly No. 10-055-13)
Defendant with counsel in pending criminal appeal has no right to hybrid representation or to file pro se motions in appellate court.
M.D. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-047-13)
Transfer of intellectually disabled resident between state institutions upheld where substantial evidence supports finding of improved services and quality of life.
M.A.K. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-048-13)
DDS violated its own regulations requiring guardian participation in placement decisions by refusing to reschedule a critical meeting and proceeding without the guardian present.
Commonwealth v. Almeida (Lawyers Weekly No. 11-046-13)
Civil commitment of sexually dangerous person upheld where menacing noncontact sexual offenses would reasonably cause victims to fear contact sexual assault.
Merriam, et al. v. Demoulas Super Markets, Inc., et al. (Lawyers Weekly No. 10-054-13)
Shareholders in close corporation satisfied fiduciary duties by complying with contractual stock transfer restrictions in articles of organization; no duty to preserve S corporation status or reoffer shares to corporation.
Commonwealth v. Butler (Lawyers Weekly No. 10-053-13)
Speedy trial right attaches upon issuance of criminal complaint. When charges are dismissed and reinstated, delay clock resumes rather than resets. Over ten years of delay did not violate speedy trial right under Barker analysis.