Commonwealth v. Almele (Lawyers Weekly No. 10-098-16)
Expert testimony regarding drug distribution intent does not require trial objection when pretrial motion in limine objection was only to expert qualification, not substance.
Weekly
Commonwealth v. Grady (Lawyers Weekly No. 10-097-16)
Defendant's failure to move to strike substitute analyst's improper weight testimony, though he opposed the analyst's testimony via motion in limine, did not preserve appellate rights. Affirmed.
Bank of America, N.A. v. Commissioner of Revenue (Lawyers Weekly No. 10-096-16)
Corporate trustee qualifies as Massachusetts "inhabitant" for fiduciary income tax purposes through established business presence and material trust administration activities, even if domiciled elsewhere.
Commonwealth v. Lopez (Lawyers Weekly No. 10-095-16)
Defendant shot and killed girlfriend's ex-boyfriend after retrieving a gun. Affirmed conviction despite exclusion of victim's prior violence, finding inadequate proffer and insufficient evidence of self-defense.
Santos v. U.S. Bank National Association, et al. (Lawyers Weekly No. 11-081-16)
Affirmed dismissal of § 35A claim under res judicata and summary judgment on HAMP-based negligence claim where no duty of care exists.
West Beit Olam Cemetery Corporation v. Board of Assessors of Wayland (Lawyers Weekly No. 11-080-16)
Tax exemption for cemetery property denied where residential lease contractually restricted land use during the assessment year despite future cemetery development plans.
Dunn, et al. v. Attorney General, et al. (Lawyers Weekly No. 10-094-16)
Initiative petition banning cruel confinement of farm animals and prohibiting sales of products from such animals properly certified under Article 48's related subjects requirement.
Hensley, et al. v. Attorney General, et al; Allen, et al. v. Attorney General, et al. (Lawyers Weekly No. 10-093-16)
Court upheld initiative petition legalizing marijuana for adults, finding related subjects despite including medical marijuana provisions. Ordered amendments to ballot title and yes statement to avoid misleading voters about scope and taxation.
Commonwealth v. Christie (Lawyers Weekly No. 11-079-16)
Convictions reversed where prosecution improperly used evidence of same-sex adult pornography to prove sexual interest in child victim.
Commonwealth v. Balboni (and three companion cases) (Lawyers Weekly No. 11-078-16)
Affirmed convictions for malicious burning of property. Cellular location records properly obtained under probable cause standard; phone and credit card records properly admitted; evidence sufficient.