Commonwealth v. Vargas (Lawyers Weekly No. 10-138-16)
Court reduces murder conviction to voluntary manslaughter where spontaneous altercation arose from victim's initial aggression and defendant's fear.
Weekly
Commonwealth v. Gonzalez (Lawyers Weekly No. 11-111-16)
Affirmed denial of motion to suppress where judge considered suppressed evidence from unrelated case to establish confidential informant's reliability track record.
Zoning Board of Appeals of Hanover v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-110-16)
Comprehensive permit application lacking full filing fee was incomplete until full payment received, allowing regulatory safe harbor to apply and limit Housing Appeals Committee review authority.
Barbosa v. Commonwealth (Lawyers Weekly No. 10-137-16)
Bail amount set by Superior Court judge not excessive merely because defendant cannot afford to post it or faces pretrial detention. Bail statute constitutional.
Commonwealth v. Herndon (Lawyers Weekly No. 10-136-16)
Defendant's murder conviction affirmed despite challenges to jury instructions on eyewitness identification, admission of prior identification through police testimony, and sister's sequestration from courtroom.
JB Mortgage Co., LLC v. Ring, et al. (Lawyers Weekly No. 11-109-16)
Guaranty cause of action accrues upon borrower's default when guaranty contains unconditional promise to pay without requiring lender to exhaust remedies against borrower or security.
Smith, et al. v. City of Westfield, et al. (Lawyers Weekly No. 111-08-16)
Article 97 protection requires formal designation by recorded deed or restriction, not mere actual use as parkland.
Tusino v. Zoning Board of Appeals of Douglas, et al. (and a companion case) (Lawyers Weekly No. 11-107-16)
Appeals Court lacks jurisdiction over direct zoning appeal from District Court; Appellate Division has primary jurisdiction after statutory changes extended equity jurisdiction to district courts.
Deal, et al. v. Commissioner of Correction, et al. (Lawyers Weekly No. 10-135-16)
Department of Correction practice of blocking minimum security placement for juvenile homicide offenders absent positive parole vote violates statutory requirement for individualized consideration.
Gyulakian v. Lexus of Watertown, Inc., et al. (Lawyers Weekly No. 10-134-16)
Punitive damages against an employer for hostile work environment may be imposed when employer has notice of harassment but fails to investigate and remedy it adequately, and such failure is outrageous or egregious.