Commonwealth v. Martin (Lawyers Weekly No. 10-183-16)
Defendant entitled to no refund of probation fees or victim-witness assessment paid during probation when guilty plea later withdrawn due to analyst misconduct.
Weekly
Commonwealth v. Long (Lawyers Weekly No. 11-167-16)
Homeowner paid deposit for home improvement work including windows. Defendant performed minimal work and abandoned job. Conviction for larceny by false pretenses reversed; insufficient evidence of intent to defraud at time of agreement.
Commonwealth v. Dustin (Lawyers Weekly No. 10-182-16)
Assault and battery on family or household member; sufficiency of evidence of substantive dating relationship under statute.
George v. George (Lawyers Weekly No. 10-181-16)
Divorce modification under the Alimony Reform Act; when judges may deviate from statutory durational limits for alimony payments predating the act.
Service Employees International Union, Local 509 v. Department of Mental Health, et al. (Lawyers Weekly No. 11-180-16)
Void privatization contracts cannot spawn valid renewal contracts immune from challenge, though renewal contracts are ordinarily exempt from Pacheco Law requirements.
Rosen v. Rosen (Lawyers Weekly No. 11-166-16)
Father entitled to equitable credit for direct support of child who moved into his home, despite statutory bar on retroactive child support modification absent pending complaint.
Halbach, et al. v. Normandy Real Estate Partners, et al. (Lawyers Weekly No. 11-165-16)
Property owner abutting public sidewalk owes no duty to repair or warn of preexisting defects not caused by owner's acts.
Commonwealth v, Sanders (Lawyers Weekly No. 11-164-16)
Officer had probable cause despite observing no direct exchange, based on suspect's known drug history, unusual hand motions, area reputation, and visible currency.
DeGiacomo v. City of Quincy, et al. (Lawyers Weekly No. 10-179-16)
Successor trustee barred by issue preclusion from rescinding 1972 lease of charitable trust property; Attorney General adequately represented income beneficiary's interests in prior equity proceeding.
Red Door Real Estate, LLC v. Karwashan, et al. (Lawyers Weekly No. 12-146-16)
Real estate brokerage loses trademark infringement claim against competitor using similar name; court finds no evidence of actual marketplace confusion or customer harm.