Free Newsletter
Search and seizure – Police stop – Firearm
Where a defendant moved to suppress a firearm that had been recovered by police pursuant to an allegedly investigatory stop, the defendant’s motion should be allowed because a confidential informant's report of a person holding a firearm in public, standing alone, was insufficient grounds for a reasonable articulable suspicion of illegality.
Domestic relations – Chapter 209A order – Abuse
Where a defendant has filed an appeal challenging a G.L.c. 209A abuse prevention order, a remand is necessary because of an inability to determine whether the District Court judge applied the correct standard when she issued the order.
Wills and trusts – In terrorem clause
Where a plaintiff has filed an appeal challenging a judgment for the defendant in a dispute over their mother’s will, the judgment must be vacated because (1) the plaintiff’s filing of an equity action did not trigger the will’s “no contest” provision and (2) a genuine issue of material fact exists as to the intent of the decedent about the real property bequeathed.
Criminal – Petition to seal criminal record
Where a defendant moved to reconsider a District Court order denying his petition to seal his criminal record pursuant to G.L.c. 276, §100C, the denial of that motion should be reversed because the defendant made a prima facie showing on the pleadings sufficient to warrant a hearing on his petition to seal his criminal record.
Criminal – Confrontation – Substitute analysts
Where a defendant was convicted of rape, his conviction must be vacated because his confrontation rights were violated by the admission of testimonial hearsay through the testimony of two substitute analysts.
Prisons – Mail
Where a plaintiff’s complaint over the processing of his mail was dismissed, the dismissal should be reversed despite the lower court’s finding that the plaintiff engaged in claim splitting.
Contract – Settlement agreement
Where a motion to enforce a settlement agreement was allowed, a remand is necessary for a determination of whether there had been agreement on four contested terms.
Criminal – Dismissal – Prejudice
Where (1) a defendant was charged by complaint in District Court with assault by means of a dangerous weapon, (2) that complaint was dismissed based on the assistant district attorney's erroneous belief that the victim did not want to testify and (3) less than one month later, a different assistant district attorney sought a second complaint charging the defendant with the same crime, it was error[...]
Evidence – Uncharged bad acts
Where a defendant has argued on appeal that the trial judge erred in admitting evidence of the defendant's uncharged bad acts without giving a limiting instruction, the omission of a limiting instruction at trial resulted in a substantial risk of a miscarriage of justice, so the judgments of conviction must be vacated.
Criminal – First complaint rule
Where a jury found a defendant guilty of two counts of indecent assault and battery on a person over the age of 14, the judgments must be vacated because the admission of the victim's multiple complaints was error creating a substantial risk of a miscarriage of justice.
Landlord and tenant – Abuse of process
Where a Housing Court order dismissing a plaintiff landlord’s summary process complaint barred the defendant tenant from bringing a future action against the landlord for abuse of process, treating the dismissal of the landlord's complaint to bar a future abuse of process claim by the tenant was unwarranted, so the order must be vacated in part.
Real property – Settlement agreement
Where plaintiffs alleged breach of a settlement agreement, a Superior Court judgment in their favor should be affirmed despite the defendants’ contention that performance under the agreement was rendered impossible, or at least was frustrated, by an intervening Land Court judgment.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
