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Search and seizure – Multi-unit residential building
Where police officers, having learned during the execution of a search warrant for the defendant's first-floor apartment that he also rented the second-floor apartment in the same two-family home and that he was using the two apartments as a single dwelling, expanded their search to include the second-floor apartment without obtaining a new warrant, a judge’s decision to allow the defendant’s [...]
Criminal – Second-degree murder
Where a jury found a defendant guilty of second-degree murder, there was no error in the trial judge's failure to instruct the jury on the “castle law” (G.L.c. 278, §8A), as the victim did not make an unlawful entry into the defendant's dwelling.
Jury and jurors – Waiver
Where a trial judge refused to accept a jury waiver the defendant tendered on the first day of trial, there was no abuse of discretion, as the judge’s decision was based on concerns about (1) the defendant's use of the waiver as a litigation tactic and (2) the proper use of court resources, rather than on its timing alone.
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
