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Search and seizure – Frisk – Backpack
Where a motion to suppress evidence obtained from a search of the defendant's backpack was allowed, that decision should be affirmed because the police were not justified in unzipping the backpack without first attempting a pat-frisk of it.
Domestic relations – Alimony
Where a wife has appealed from a Probate & Family Court modification judgment, challenging both the amount and the termination date of the award of alimony, so much of the modification judgment as pertains to the monthly alimony amount and termination at the husband's full retirement age must be vacated and the matter remanded.
Zoning – Comprehensive permit – Occupancy limit
Where (1) a plaintiff constructed an apartment building pursuant to a comprehensive permit and (2) the building inspector for the town of Bridgewater later issued a cease and desist order, citing a provision of the town's zoning bylaws prohibiting lodging houses, the cease and desist order should be vacated because the board's approval of the comprehensive permit allowing up to six occupants in de[...]
Landlord and tenant – Fees – Setoff
Where (1) a Housing Court judge, finding that the defendant tenant owed rent to the plaintiff landlord, awarded the landlord damages and fees and (2) on the tenant's counterclaims for breach of the implied warranty of habitability and unfair or deceptive business practices, the judge awarded the tenant damages and fees, the judgments impermissibly set off the parties' fee awards against each other[...]
Civil practice – Commitment – Intermittent explosive disorder
Where a District Court judge granted a petition for involuntary civil commitment, that decision should be upheld because there was sufficient evidence for the judge to find that the respondent’s intermittent explosive disorder (IED) diagnosis constituted a mental illness for purposes of 104 CMR §27.05(1).
Civil practice – Commitment
Where a petition for involuntary commitment filed by BayRidge Hospital was allowed by a District Court judge, the order of commitment must be vacated because the information before the judge did not permit a conclusion that the petition was filed pursuant to the requirements of G.L.c. 123, §7.
Tort – Civil conspiracy
Where a jury found in favor of the plaintiffs on their claims for defamation, civil conspiracy and violations of their rights under the Massachusetts Civil Rights Act, the defendants’ motion for judgment notwithstanding the verdict should have been allowed with respect to the claim for civil conspiracy, as the trial judge’s jury instructions erroneously tied the verdict on the conspiracy claim[...]
Appeals Court orders new trial over diary as ‘first complaint’ evidence
The Appeals Court ordered a new trial after ruling a victim's private diary was improperly admitted as first complaint evidence in a rape case.
Parent and child – Termination
Where a mother’s parental rights to two of her children were terminated by a Juvenile Court judge, the decrees should be affirmed despite the mother’s argument that the judge erred by placing too much weight on the mother's history rather than focusing on evidence of the significant and laudatory changes she had made.
Evidence – Prior bad acts
Where a defendant was convicted of aggravated rape and other offenses, he should be granted a new trial because the admission of extensive prior bad act evidence unfairly prejudiced him.
Civil practice – SDP – Dismissed charges
Where a jury found that a petitioner remained sexually dangerous, it was error to admit the sexual sadism disorder diagnoses of three psychologists called by the commonwealth, as (1) all three experts relied on the alleged facts underlying dismissed sexual offense charges against the petitioner in 2002 and 2003, and (2) it cannot be determined from the record whether those alleged facts were “in[...]
Evidence – Diary – First complaint doctrine
Where a defendant was convicted of numerous counts of rape of a child and related offenses, the convictions must be vacated because it was error to allow an entry from the victim’s diary in evidence under the first complaint doctrine.
