Recent Decisions from Massachusetts - The Public Library of Law

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Decision Date
1. Commonwealth v. Santos, No. 07-P-410 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments reversed. Verdicts set aside...
2. Commonwealth v. O'Bannon, No. 08-P-1627 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
3. Nicholas v. Nicholas, No. 08-P-1837 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed. Order denying motion to amend judgment affirmed...
4. Commonwealth v. Uwe, No. 08-P-1846 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed. Adjudications of delinquency affirmed...
5. Commonwealth v. Perez, No. 08-P-2127 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... The order allowing the defendant's motion to suppress is vacated...
6. Commonwealth v. Preval, No. 09-P-350 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
7. Commonwealth v. Johnson, No. 09-P-607 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... That portion of the judge's order dated February 20, 2009, denying the defendant's pro se motions is affirmed...
8. Global Investors Agent Corporation v. National Fire Insurance Company of Hartford, No. 09-P-762 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 This case stems from a dispute concerning the defendant insurers' duty to defend the plaintiffs against counterclaims resulting from an underlying action initiated by the plaintiffs in the U.S. District Court for the District of Maine (Maine litigation). The Maine litigation settled in mediation prior to the defendants' providing coverage,3 and the plaintiffs brought suit against the defendants in Massachusetts, alleging breach of contract and breach of the covenant of good faith and fair...
9. Commonwealth v. Lima, No. 09-P-795 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
10. Wright v. Dennehy, No. 09-P-828 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
11. Commonwealth v. Glover, No. 09-P-934 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 The defendant, Corey Glover, stabbed Forrest Hall in the neck on the night of January 9, 1991, killing him. At trial, the defendant proceeded on the theory that he acted in self-defense, but a jury rejected the argument and convicted the defendant of murder in the second degree. The defendant appeals, claiming that the tactical decision of his trial counsel to forgo a jury instruction on the alternative theory of reasonable provocation was manifestly unreasonable. We affirm... Background... a....
12. Commonwealth v. Santiago, No. 09-P-1002 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgement reversed. Verdict aside...
13. Commonwealth v. Jones, No. 09-P-1022 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
14. Commonwealth v. Hallums, No. 09-P-1111 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Order denying motion for correction of sentence and release from unlawful restraint or new trial affirmed. Order denying motion for reconsideration affirmed...
15. Executive Office of Health and Human Services v. Varad, No. 09-P-1575 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
16. S.G. v. R.J., No. 09-P-1648 (Mass. App. 5/28/2010) (Mass. App., 2010) May 28, 2010 DECISIONS PURSUANT TO RULE 1:28... The abuse prevention order issued on January 6, 2009, is vacated...
17. Commonwealth v. Salinger, No. 06-P-1601 (Mass. App. 5/27/2010) (Mass. App., 2010) May 27, 2010 In June of 2006, after a three-day trial, a Superior Court jury convicted the defendant, Richard Salinger, on one count of child rape and five counts of indecent assault and battery on a child under the age of fourteen. He timely appealed his convictions... Represented by new counsel, defendant filed a motion for a new trial under Mass.R.Crim.P. 30(b),1 as appearing in 435 Mass. 1501 (2001), arguing that his trial counsel rendered ineffective assistance by failing to obtain and utilize certain...
18. Commonwealth v. Decenzo, No. 08-P-429 (Mass. App. 5/27/2010) (Mass. App., 2010) May 27, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed. Order denying motion for new trial affirmed...
19. Commonwealth v. Cambra, No. 08-P-2060 (Mass. App. 5/27/2010) (Mass. App., 2010) May 27, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgment reversed. Verdict set aside...
20. Commonwealth v. Doyle, No. 09-P-311 (Mass. App. 5/27/2010) (Mass. App., 2010) May 27, 2010 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...

Decision Date

1. Commonwealth v. Santos, No. 07-P-410 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgments reversed. Verdicts set aside...

2. Commonwealth v. O'Bannon, No. 08-P-1627 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

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

3. Nicholas v. Nicholas, No. 08-P-1837 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed. Order denying motion to amend judgment affirmed...

4. Commonwealth v. Uwe, No. 08-P-1846 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed. Adjudications of delinquency affirmed...

5. Commonwealth v. Perez, No. 08-P-2127 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... The order allowing the defendant's motion to suppress is vacated...

6. Commonwealth v. Preval, No. 09-P-350 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

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

7. Commonwealth v. Johnson, No. 09-P-607 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... That portion of the judge's order dated February 20, 2009, denying the defendant's pro se motions is affirmed...

8. Global Investors Agent Corporation v. National Fire Insurance Company of Hartford, No. 09-P-762 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

This case stems from a dispute concerning the defendant insurers' duty to defend the plaintiffs against counterclaims resulting from an underlying action initiated by the plaintiffs in the U.S. District Court for the District of Maine (Maine litigation). The Maine litigation settled in mediation prior to the defendants' providing coverage,3 and the plaintiffs brought suit against the defendants in Massachusetts, alleging breach of contract and breach of the covenant of good faith and fair...

9. Commonwealth v. Lima, No. 09-P-795 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

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

10. Wright v. Dennehy, No. 09-P-828 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

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

11. Commonwealth v. Glover, No. 09-P-934 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

The defendant, Corey Glover, stabbed Forrest Hall in the neck on the night of January 9, 1991, killing him. At trial, the defendant proceeded on the theory that he acted in self-defense, but a jury rejected the argument and convicted the defendant of murder in the second degree. The defendant appeals, claiming that the tactical decision of his trial counsel to forgo a jury instruction on the alternative theory of reasonable provocation was manifestly unreasonable. We affirm... Background... a....

12. Commonwealth v. Santiago, No. 09-P-1002 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgement reversed. Verdict aside...

13. Commonwealth v. Jones, No. 09-P-1022 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

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

14. Commonwealth v. Hallums, No. 09-P-1111 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... Order denying motion for correction of sentence and release from unlawful restraint or new trial affirmed. Order denying motion for reconsideration affirmed...

15. Executive Office of Health and Human Services v. Varad, No. 09-P-1575 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

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

16. S.G. v. R.J., No. 09-P-1648 (Mass. App. 5/28/2010) (Mass. App., 2010)

May 28, 2010

DECISIONS PURSUANT TO RULE 1:28... The abuse prevention order issued on January 6, 2009, is vacated...

17. Commonwealth v. Salinger, No. 06-P-1601 (Mass. App. 5/27/2010) (Mass. App., 2010)

May 27, 2010

In June of 2006, after a three-day trial, a Superior Court jury convicted the defendant, Richard Salinger, on one count of child rape and five counts of indecent assault and battery on a child under the age of fourteen. He timely appealed his convictions... Represented by new counsel, defendant filed a motion for a new trial under Mass.R.Crim.P. 30(b),1 as appearing in 435 Mass. 1501 (2001), arguing that his trial counsel rendered ineffective assistance by failing to obtain and utilize certain...

18. Commonwealth v. Decenzo, No. 08-P-429 (Mass. App. 5/27/2010) (Mass. App., 2010)

May 27, 2010

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed. Order denying motion for new trial affirmed...

19. Commonwealth v. Cambra, No. 08-P-2060 (Mass. App. 5/27/2010) (Mass. App., 2010)

May 27, 2010

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

20. Commonwealth v. Doyle, No. 09-P-311 (Mass. App. 5/27/2010) (Mass. App., 2010)

May 27, 2010

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

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