Recent Decisions from Massachusetts - The Public Library of Law

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Showing 61 to 80 of 102 results

Decision Date
61. Commonwealth v. McCoy, SJC-10530 (Mass. 5/20/2010) (Mass., 2010) May 20, 2010 The defendant was convicted by a jury of kidnapping, rape, and assault and battery.1 In a memorandum and order pursuant to its rule 1:28, the Appeals Court reversed the defendant's convictions on all charges, holding that the testimony of the victim's mother and the sexual assault nurse examiner (SANE) constituted improper first complaint testimony that created a substantial risk of a miscarriage of justice. Commonwealth v. McCoy, 73 Mass.App.Ct. 1127 (2009). We granted the Commonwealth's...
62. Independence Park, Inc. v. Sentinel Products Corporation, No. 09-P-421 (Mass. App. 5/20/2010) (Mass. App., 2010) May 20, 2010 DECISIONS PURSUANT TO RULE 1:28... Decision and order of the Appellate Division affirmed...
63. In re Guardianship of Phelan, No. 09-P-1452 (Mass. App. 5/20/2010) (Mass. App., 2010) May 20, 2010 The maternal aunt of a child, Phelan, appeals from (1) a judgment of the Juvenile Court dismissing her petition for appointment as guardian, with custody, of Phelan, and (2) an order of the single justice of this court staying the dismissal of the guardianship petition pending appeal but denying her request, as interpreted by the single justice, to stay the progress of the adoption of Phelan flowing from a care and protection action. We vacate the judgment dismissing the petition for...
64. Commonwealth v. Mercado, No. 09-P-1070 (Mass. App. 5/20/2010) (Mass. App., 2010) May 20, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
65. Barbieri v. Zoning Board of Appeals of Andover, No. 09-P-1306 (Mass. App. 5/20/2010) (Mass. App., 2010) May 20, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
66. Commonwealth v. Spencer, No. 09-P-638 (Mass. App. 5/19/2010) (Mass. App., 2010) May 19, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
67. Commonwealth v. Paton, No. 09-P-916 (Mass. App. 5/19/2010) (Mass. App., 2010) May 19, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
68. Commonwealth v. Derosier, No. 09-P-1224 (Mass. App. 5/19/2010) (Mass. App., 2010) May 19, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment reversed. Verdict set aside...
69. Commonwealth v. Life Care Centers of America, Inc., SJC-10546 (Mass. 5/19/2010) (Mass., 2010) May 19, 2010 A resident of the Life Care Center of Acton nursing home (nursing home), a long-term care facility, died in 2004 from injuries sustained when she fell down the front stairs while attempting to leave the facility in her wheelchair. The resident was able to leave the facility because she was not wearing a prescribed security bracelet that both set off an alarm and temporarily locked the front doors if the resident approached within a certain distance of those doors. The defendant, Life Care...
70. Farahani v. Superior Court Department of Trial Court, SJC-10571 (Mass. 5/18/2010) (Mass., 2010) May 18, 2010 RESCRIPT... Ghodrat Farahani (petitioner) appeals from a judgment of a single justice of this court denying his petition for extraordinary relief.1 He had requested the single justice to issue various orders to ensure docketing of and action on pleadings the petitioner had filed, and might file in the future, in assorted civil cases in the Superior Court in Bristol County. He failed to substantiate his claims, however, that some of the pleadings he had filed in the Superior Court had languished...
71. Commonwealth v. Samuels, SJC-10591 (Mass. 5/18/2010) (Mass., 2010) May 18, 2010 RESCRIPT... The Commonwealth appeals from a judgment of a single justice of this court denying its petition for extraordinary relief pursuant to G.L. c. 211, § 3. We affirm... Background... In 1998, Henry Samuels (defendant) was convicted in the Superior Court of home invasion, G.L. c. 265, § 18C, and other offenses that he committed in 1996. For his conviction of home invasion, he was sentenced to a term of imprisonment from twenty years to twenty years and one day. The Appeals Court...
72. Watson v. Appeals Court, SJC-10540 (Mass. 5/18/2010) (Mass., 2010) May 18, 2010 RESCRIPT... Lawrence Watson (petitioner) appeals from three judgments of a single justice of this court denying his petitions for relief pursuant to G.L. c. 211, § 3. In his petitions, he claimed that an appeal decided by the Appeals Court adversely to him, see Walker v. Watson, 72 Mass.App.Ct. 1110 (2008), was flawed because each of the three Justices on the panel that decided the appeal had misstated facts and misapplied the law, and, in so doing, had engaged in judicial misconduct. The...
73. Commonwealth v. Sarantos, No. 08-P-1440 (Mass. App. 5/18/2010) (Mass. App., 2010) May 18, 2010 In April, 2002, the defendant was working as a lieutenant for the Department of Correction when he injured his back trying to lift an inmate off the floor. As a result of his injury, the defendant received temporary total disability benefits from May, 2002, to September, 2002, pursuant to § 34 of the Workers' Compensation Act, G.L. c. 152... Based on evidence that the defendant was working at a bar that he owned while collecting temporary total disability benefits, his workers'...
74. Roche v. Director of the Division of Marine Fisheries, No. 09-P-447 (Mass. App. 5/18/2010) (Mass. App., 2010) May 18, 2010 The plaintiffs, Brian Roche and Douglas Marcella, are commercial fishers who claim that a State regulation promulgated by the defendant, the director of the division of marine fisheries (DMF) impermissibly limits their rights to fish in State waters because they hold Federal as well as State permits. Under the regulation, 322 Code Mass. Regs. § 7.01(4)(a) (2006), the plaintiffs are allowed to fish in State waters, but only in accordance with their Federal permits, unless they surrender...
75. Commonwealth v. Jackson, No. 09-P-1220 (Mass. App. 5/18/2010) (Mass. App., 2010) May 18, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
76. In re Parsons's Case, No. 09-P-1247 (Mass. App. 5/18/2010) (Mass. App., 2010) May 18, 2010 DECISIONS PURSUANT TO RULE 1:28... Decision of reviewing board affirmed...
77. Commonwealth v. Edwards, No. 09-P-1299 (Mass. App. 5/18/2010) (Mass. App., 2010) May 18, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
78. Rossi v. Civil Service Commission, No. 09-P-1460 (Mass. App. 5/18/2010) (Mass. App., 2010) May 18, 2010 DECISIONS PURSUANT TO RULE 1:28... The judgment of the Superior Court denying Rossi's motion for judgment on the pleadings and dismissing his complaint is affirmed...
79. Time Terminals, Inc. v. Eastern States Exposition, No. 06-P-1250 (Mass. App. 5/17/2010) (Mass. App., 2010) May 17, 2010 DECISIONS PURSUANT TO RULE 1:28... That part of the judgment that grants a prescriptive easement over the premises south of 1097 Memorial Drive and 1083 Memorial Drive is affirmed; the part of the judgment that grants a prescriptive easement on land outside that area is reversed. Judgments of contempt dated September 27, 2007, and December 28, 2007, are reversed. Orders that imposed fines and attorney's fees and costs based on the judgments of contempt are reversed...
80. Commonwealth v. Lebron, No. 09-P-929 (Mass. App. 5/17/2010) (Mass. App., 2010) May 17, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...

Decision Date

61. Commonwealth v. McCoy, SJC-10530 (Mass. 5/20/2010) (Mass., 2010)

May 20, 2010

The defendant was convicted by a jury of kidnapping, rape, and assault and battery.1 In a memorandum and order pursuant to its rule 1:28, the Appeals Court reversed the defendant's convictions on all charges, holding that the testimony of the victim's mother and the sexual assault nurse examiner (SANE) constituted improper first complaint testimony that created a substantial risk of a miscarriage of justice. Commonwealth v. McCoy, 73 Mass.App.Ct. 1127 (2009). We granted the Commonwealth's...

62. Independence Park, Inc. v. Sentinel Products Corporation, No. 09-P-421 (Mass. App. 5/20/2010) (Mass. App., 2010)

May 20, 2010

DECISIONS PURSUANT TO RULE 1:28... Decision and order of the Appellate Division affirmed...

63. In re Guardianship of Phelan, No. 09-P-1452 (Mass. App. 5/20/2010) (Mass. App., 2010)

May 20, 2010

The maternal aunt of a child, Phelan, appeals from (1) a judgment of the Juvenile Court dismissing her petition for appointment as guardian, with custody, of Phelan, and (2) an order of the single justice of this court staying the dismissal of the guardianship petition pending appeal but denying her request, as interpreted by the single justice, to stay the progress of the adoption of Phelan flowing from a care and protection action. We vacate the judgment dismissing the petition for...

64. Commonwealth v. Mercado, No. 09-P-1070 (Mass. App. 5/20/2010) (Mass. App., 2010)

May 20, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...

65. Barbieri v. Zoning Board of Appeals of Andover, No. 09-P-1306 (Mass. App. 5/20/2010) (Mass. App., 2010)

May 20, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

66. Commonwealth v. Spencer, No. 09-P-638 (Mass. App. 5/19/2010) (Mass. App., 2010)

May 19, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

67. Commonwealth v. Paton, No. 09-P-916 (Mass. App. 5/19/2010) (Mass. App., 2010)

May 19, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

68. Commonwealth v. Derosier, No. 09-P-1224 (Mass. App. 5/19/2010) (Mass. App., 2010)

May 19, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgment reversed. Verdict set aside...

69. Commonwealth v. Life Care Centers of America, Inc., SJC-10546 (Mass. 5/19/2010) (Mass., 2010)

May 19, 2010

A resident of the Life Care Center of Acton nursing home (nursing home), a long-term care facility, died in 2004 from injuries sustained when she fell down the front stairs while attempting to leave the facility in her wheelchair. The resident was able to leave the facility because she was not wearing a prescribed security bracelet that both set off an alarm and temporarily locked the front doors if the resident approached within a certain distance of those doors. The defendant, Life Care...

70. Farahani v. Superior Court Department of Trial Court, SJC-10571 (Mass. 5/18/2010) (Mass., 2010)

May 18, 2010

RESCRIPT... Ghodrat Farahani (petitioner) appeals from a judgment of a single justice of this court denying his petition for extraordinary relief.1 He had requested the single justice to issue various orders to ensure docketing of and action on pleadings the petitioner had filed, and might file in the future, in assorted civil cases in the Superior Court in Bristol County. He failed to substantiate his claims, however, that some of the pleadings he had filed in the Superior Court had languished...

71. Commonwealth v. Samuels, SJC-10591 (Mass. 5/18/2010) (Mass., 2010)

May 18, 2010

RESCRIPT... The Commonwealth appeals from a judgment of a single justice of this court denying its petition for extraordinary relief pursuant to G.L. c. 211, § 3. We affirm... Background... In 1998, Henry Samuels (defendant) was convicted in the Superior Court of home invasion, G.L. c. 265, § 18C, and other offenses that he committed in 1996. For his conviction of home invasion, he was sentenced to a term of imprisonment from twenty years to twenty years and one day. The Appeals Court...

72. Watson v. Appeals Court, SJC-10540 (Mass. 5/18/2010) (Mass., 2010)

May 18, 2010

RESCRIPT... Lawrence Watson (petitioner) appeals from three judgments of a single justice of this court denying his petitions for relief pursuant to G.L. c. 211, § 3. In his petitions, he claimed that an appeal decided by the Appeals Court adversely to him, see Walker v. Watson, 72 Mass.App.Ct. 1110 (2008), was flawed because each of the three Justices on the panel that decided the appeal had misstated facts and misapplied the law, and, in so doing, had engaged in judicial misconduct. The...

73. Commonwealth v. Sarantos, No. 08-P-1440 (Mass. App. 5/18/2010) (Mass. App., 2010)

May 18, 2010

In April, 2002, the defendant was working as a lieutenant for the Department of Correction when he injured his back trying to lift an inmate off the floor. As a result of his injury, the defendant received temporary total disability benefits from May, 2002, to September, 2002, pursuant to § 34 of the Workers' Compensation Act, G.L. c. 152... Based on evidence that the defendant was working at a bar that he owned while collecting temporary total disability benefits, his workers'...

74. Roche v. Director of the Division of Marine Fisheries, No. 09-P-447 (Mass. App. 5/18/2010) (Mass. App., 2010)

May 18, 2010

The plaintiffs, Brian Roche and Douglas Marcella, are commercial fishers who claim that a State regulation promulgated by the defendant, the director of the division of marine fisheries (DMF) impermissibly limits their rights to fish in State waters because they hold Federal as well as State permits. Under the regulation, 322 Code Mass. Regs. § 7.01(4)(a) (2006), the plaintiffs are allowed to fish in State waters, but only in accordance with their Federal permits, unless they surrender...

75. Commonwealth v. Jackson, No. 09-P-1220 (Mass. App. 5/18/2010) (Mass. App., 2010)

May 18, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...

76. In re Parsons's Case, No. 09-P-1247 (Mass. App. 5/18/2010) (Mass. App., 2010)

May 18, 2010

DECISIONS PURSUANT TO RULE 1:28... Decision of reviewing board affirmed...

77. Commonwealth v. Edwards, No. 09-P-1299 (Mass. App. 5/18/2010) (Mass. App., 2010)

May 18, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...

78. Rossi v. Civil Service Commission, No. 09-P-1460 (Mass. App. 5/18/2010) (Mass. App., 2010)

May 18, 2010

DECISIONS PURSUANT TO RULE 1:28... The judgment of the Superior Court denying Rossi's motion for judgment on the pleadings and dismissing his complaint is affirmed...

79. Time Terminals, Inc. v. Eastern States Exposition, No. 06-P-1250 (Mass. App. 5/17/2010) (Mass. App., 2010)

May 17, 2010

DECISIONS PURSUANT TO RULE 1:28... That part of the judgment that grants a prescriptive easement over the premises south of 1097 Memorial Drive and 1083 Memorial Drive is affirmed; the part of the judgment that grants a prescriptive easement on land outside that area is reversed. Judgments of contempt dated September 27, 2007, and December 28, 2007, are reversed. Orders that imposed fines and attorney's fees and costs based on the judgments of contempt are reversed...

80. Commonwealth v. Lebron, No. 09-P-929 (Mass. App. 5/17/2010) (Mass. App., 2010)

May 17, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...

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