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| Commonwealth v. Berry, No. 03-P-969,
APPEALS COURT OF MASSACHUSETTS, January 19, 2007, Decided
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Overview: Evidence was sufficient for jury to infer defendant possessed knife during fight, as witness observed shiny object in defendant's hand, two witnesses testified defendant was only person near victim when they were fighting, and defendant's clothing was stained with blood consistent with victim's blood. Ineffective assistance of counsel claim failed.
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| Brown v. Donovan, Opinion No.: 96869, Docket Number: 03-4247 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 22, 2007, Decided
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Overview: Motion to confirm arbitrator's award under Mass. Gen. Laws ch. 251, § 12 was granted as professor failed to show that forfeiture of life estates for non-payment of taxes violated public policy since provision in contract providing for forfeiture was not liquidated damages clause, but was bargained-for condition to which professor agreed.
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| Commonwealth v. Gonzalez, No. 05-P-1383.,
APPEALS COURT OF MASSACHUSETTS, January 22, 2007, Decided
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Overview: The evidence was insufficient to support defendant's illegal possession of a firearm conviction (Mass. Gen. Laws Ann. ch. 269, § 10(a)). Evidence of the subject weapon's dimensions was lacking at trial, and the only evidence presented was that the weapon used to injure the victim was a shotgun or rifle. The jury instructions were not prejudicial.
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| Kimiatek v. Mendelson, Opinion No.: 96870, Docket Number: 04-5129,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 22, 2007, Decided
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Overview: Although a pension adviser intentionally misrepresented the consequences of implementing a pension plan in violation of Mass. Gen. Laws ch. 93A, § 2, he did not act maliciously toward the clients; consequently, the clients were not entitled the imposition of the extraordinary damage penalty under § 11.
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| Moody v. Atty. Gen. of Mass., Opinion No.: 97138, Docket Number: 06-500,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: Trial court granted the state attorney general's motion to dismiss petition for writ of habeas corpus filed by petitioner seeking relief from his convictions and sentences entered nearly 30 years earlier; petitioner did not allege that he was entitled to, nor did he request, immediate release, which meant dismissal of the petition was warranted.
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| State Ethics Comm'n v. Doe, No. 06-P-325,
APPEALS COURT OF MASSACHUSETTS, January 22, 2007, Decided
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Overview: Although a narrowed subpoena complied with Mass. Gen. Laws ch. 268B, § 4(a), (d), because discovery might compromise the privacy of witnesses or others, the trial court properly issued a protective order precluding a defendant from any discovery during the preliminary inquiry phase of an administrative proceeding.
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