Judicial Biography

Year admitted to bar:

1975

Year appointed/elected:

2008, by Gov. Deval Patrick

Background

Education:

Colgate University and Suffolk University Law School

Professional

Legal Employment History:

Tucker was a civil litigator with the Worcester firm of Bernstein, Burwick, Tucker & Stern for over 30 years.

General Character of Law Practice Prior to Judgeship:

An avid runner and marathoner, Tucker served in the United States Army prior to law school and attained the rank of Specialist.

Affiliations:

Tucker was selected as a Fellow to the American College of Trial Lawyers, where he was appointed to the State Committee and served for two years as Chairman.

Reported Decisions
Other Links

Opinions Summarized in Lawyers Weekly

Conviction over thermite reversed
Consumer protection – Class action – Ice storm – G.L.c. 93A
Jurisdiction – Personal – Defamation – Facebook
Civil practice – Discovery – Deposition – Sanctions
Insurance – Vehicle – Inspection
Prisons – Relocation to two-man cell
Zoning – Revocation of building permit
Landlord and tenant – Option to purchase
Negligence – G.L.c. 84, section15 – Notice – Sinkhole
Tort – MTCA – Loss of consortium
Contract – Promissory note – Usury
Wills and trusts – Termination of real estate trust – Claim preclusion
Municipal – Town manager – Privilege
Negligence – Medical malpractice – Expert testimony
Municipal – MTCA – School
Employment – Independent contractor – Tips
Contract – Equipment rental
Insurance – PIP – EUO – G.L.c. 93A
Negligence – Nursing home
Negligence – Spectator – Baseball game
Landlord and tenant – Negligence – Ladder
Jurisdiction – Personal – Envelopes
Mortgages – Intentional misrepresentation
Workers’ compensation – Settlement
Civil practice – Lis pendens
Municipal – MTCA – Sewer
Insurance, Additional insured
Employment – G.L.c. 151B
Tort – Conversion
Education – School funds
Civil practice – Standing
Real property – Lake – Boat engine
Zoning – Uxbridge lane
Jurisdiction – Long-arm statute
Real property – Limitations – Tort – Contract
Workers' compensation – Lien
Negligence – Personal injury – Fire
Real property – Land and body of water
Negligence – Snow – Slip and fall
Negligence – Food preparation
Civil practice – Fees – Affidavit
Civil practice – Motion to amend
Negligence – Sewer backup – Asthma
Negligence – 'Quality Indicator' reports
Insurance – Unfair claim settlement practices
Negligence – Motor vehicle accident – Summary judgment
Negligence – Collision in hospital corridor
Municipal – Presentment – Transit authority
Negligence – Traffic accident – New trial
Insurance – General liability policy – Workplace injury
Insurance – Products-completed operations hazard exclusion
Real property – 'Spite fence'
Contract – Incentive plan – Resignation
Tort – Defamation – Coach
Civil practice – Motion to dismiss
Commercial – Sale of Christmas trees
Negligence – Snow – Parking lot
Habeas corpus – Limitations
Wills and trusts – Unmarried cohabitants – Oral agreement
Landlord and tenant – Ice – WHA
Evidence – Environmental consultant – ‘Work product’
Negligence – Organ donation – Foreseeability
Attorneys – Legal malpractice – Client’s innocence
Employment – Trade secrets

Decisions Reviewed on Appeal

Criminal – Murder – Joint venture
Criminal – Gas meters – Jury instruction
Criminal – Felony-murder – Merger doctrine
Criminal – Joint venture – Jury instructions
Joint venture convictions invalidated over jury instructions
Criminal – Getaway driver – Joint venture
Criminal – Felony-murder – Aggravated kidnapping
Conviction reduced in 1994 murder case
Criminal – Larceny – False pretenses – Elderly person
‘Three strikes’ statute allows for probation, SJC rules
Criminal – Probation – Habitual offender
Criminal – Murder
Criminal – Identification – Photograph – Inscription
Civil practice – Sex offender – Repetitive and compulsive behavior
SJC provides clarity on settlement/assignment agreements
Insurance – Settlement – Reasonableness
Real property – Adverse possession – Undeveloped land
Jury and jurors – Ethnic bias – Individual voir dire
Criminal – Constructive possession – Neighbor
Criminal – Mistrial – Self-incrimination
Civil practice – Sex offender – Incompetency
Criminal – Murder – Voluntary intoxication – Jury instructions
Criminal – Murder – Expert testimony – Prosecutor’s closing
Criminal – Double jeopardy – Collateral estoppel
Evidence – First complaint doctrine – Child rape
Consumer protection – Electricity – Winter storm
Negligence – Dram shop – Affidavit
Commercial – UCC – Revocation of acceptance
Criminal – Motion for new trial
Insurance – Fire – Bookmobile
Criminal – Aggravated rape – Murder
Criminal – ATM – G.L.c. 265, section21
Criminal – Murder – Self-defense
Administrative – WIC – Disqualification
Environmental – Penalty – Escrow – Inability to pay
Criminal – Sentencing – CPSL – Double jeopardy
Criminal – Rape – First complaint

Judicial Profiles

Tucker, Richard T.