Cousineau v. Commonwealth (Lawyers Weekly No. 10-030-13)
Defendant cannot appeal single justice's denial of interlocutory appeal application; remedy is to raise suppression issue on direct appeal after conviction.
Weekly
Ulin v. Polansky (Lawyers Weekly No. 11-028-13)
Income attribution in child support modification requires specific findings on reasonable job search efforts, not merely earning capacity.
Serrazina v. Springfield Public Schools (Lawyers Weekly No. 10-027-13)
School adjustment counselor suspended without pay following federal indictment, then terminated. Arbitrator ordered reinstatement; court awarded back pay for suspension period only.
Commonwealth v. Castillo (Lawyers Weekly No. 10-028-13)
Affirmed discovery order requiring Commonwealth to disclose follow-up medical visit information in its possession regarding sexual assault victims.
Commonwealth v. Jones (Lawyers Weekly No. 11-027-13)
Pat frisk justified when suspect's affirmative answer to question about carrying harmful objects creates objective safety basis. Second Amendment does not preclude firearms licensing requirements.
Dear v. Devaney, et al. (Lawyers Weekly No. 11-026-13)
Police officers' investigatory reports receive qualified privilege, not absolute immunity, in defamation suits when statements lack adequate verification.
Graziano, et al. v. Riley, et al. (Lawyers Weekly No. 11-025-13)
Neighbors' berm blocking drainage easement built in 1966 under the "common enemy" rule, before Massachusetts adopted the "reasonable use" standard in 1978; nuisance judgment reversed.
Commonwealth v. Mgaresh (Lawyers Weekly No. 11-023-13)
Defendant convicted of cocaine distribution in school zone. Court affirmed, holding evidence sufficient under constructive possession or joint venture theory despite missing jury instruction.
Commonwealth v. Harris (Lawyers Weekly No. 10-026-13)
Murder conviction affirmed. Self-defense instruction proper despite general language on provocation. 911 recording and prosecutor's use thereof admissible.
Commonwealth v. Walker (Lawyers Weekly No. 11-024-13)
Sexually dangerous person commitment affirmed where exhibitionist with history of contact offenses posed menace to health and safety.