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| Chambers v. St. Germain, Docket Numbers: 95-1082, 96-0342A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, February 7, 2006, Filed
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Overview: A trial court granted defendant's motion to correct findings of fact made with respect to a boundary dispute between the parties, who were adjacent property owners, as the trial court had originally juxtaposed some of the lot numbers which was merely a clerical error that could be easily corrected pursuant to Mass. R. Civ. P. 60(a).
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| Chambers v. St. Germain, Docket Numbers: 96-0342A, 95-1082,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, February 7, 2006, Filed
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Overview: A trial court determined the boundary line between two abutting properties in a dispute between land owners, and it awarded each party a judgment on their trespass claims as against the other; the status quo was maintained by a detailed permanent injunction pending the outcome or abandonment of an appeal.
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| Commonwealth v. Hour, SJC-09365,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 7, 2006, Decided
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Overview: As evidence showed defendant continued to punch and kick victim after he fell and was defenseless, jury had no reasonable basis to conclude that he did not harbor requisite malice under theory of murder committed by extreme atrocity or cruelty. Defendant thus had not been entitled to instruction on lesser-included offense of assault and battery.
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| Marney v. Aquilio, Docket Number: 00-386,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, February 7, 2006, Decided
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Overview: Judgment was entered for defendants on Mass. Gen. Laws ch. 93A claim as parties were business persons and plaintiff voluntarily signed agreement acknowledging that there was no lease, that he was spending time and money to open business under belief that lease would be forthcoming, and that there were no guarantees that he would be given lease.
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| Boston Police Patrolmen's Ass'n v. Police Dep't, SJC-09621,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 8, 2006, Decided
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Overview: Police officers union sought a preliminary injunction enjoining a city from collecting officer identification numbers as part of data collection under 2000 Mass. Acts 228. As Act required officer identification information during second phase of data collection, injunction was properly denied since union had no likelihood of success on the merits.
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| Jumper v. Dennehy, Docket Number:05-01697,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 8, 2006, Decided
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Overview: Although there was a technical violation of 103 Code Mass. Regs. § 430.17 because an inmate did not receive a copy of a written decision from a disciplinary hearing in a timely manner, there was no manifest injustice since the sanctions imposed would have been suspended if he had not received a second disciplinary report.
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