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| Benyamin v. Mason, Opinion No.: 97655, Docket Number: 2001-01777,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 6, 2007, Decided
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Overview: In case where plaintiff alleged that attorney attempted to trick plaintiff out of three properties, complaint failed to state claim upon which relief could be granted. Plaintiff's properties were attached by victim through attorney in order to secure judgment on underlying claim of rape. Attachment was approved by the court and was still in effect.
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| Chandanais v. Commonwealth, SJC-09643,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 6, 2007, Decided
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Overview: Because defendant challenged the sufficiency of the evidence, retrial on a marijuana charge was not barred by principles of double jeopardy; the circumstantial evidence was sufficient to show that defendant possessed the large amount of marijuana growing in plain view on his back yard and surrounding property with an intent to distribute it.
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| Commonwealth v. Murphy, SJC-08196,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 6, 2007, Decided
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Overview: Defendant was entitled to a new trial as his Sixth Amendment and Mass. Const. Decl. Rights art. 12 right to counsel was violated by the admission of his post-indictment statements to a jailhouse informant who was a government agent by virtue of his agreement with the United States Attorney's office and who had deliberately elicited the statements.
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| Giuffrida v. Zoning Bd. of Appeals, No. 06-P-153,
APPEALS COURT OF MASSACHUSETTS, March 6, 2007, Decided
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Overview: Where plaintiff's predecessor had appealed the Cape Cod Commission's denial of his request for a special permit, and his litigation to compel the Commission's approval of the permit had gone to final judgment against him and was no longer appealable, the question whether plaintiff was entitled to an extension of the permit was moot.
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| Normandin v. Eastland Partners, Inc., No. 05-P-910,
APPEALS COURT OF MASSACHUSETTS, March 6, 2007, Decided
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Overview: Seller breached its land swap agreement with plaintiffs by selling lots; judgment provided that if seller could not acquire lots back from buyer, plaintiffs were entitled to "benefit of their bargain" with seller. Court erred by equating plaintiffs' "benefit of their bargain" with market value of lots at time of trial, instead of at time of breach.
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| Commonwealth v. Bly, SJC-08413,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 7, 2007, Decided
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Overview: Defendant's conviction for murder was upheld on appeal and no error was committed by the trial court denying defendant's motion to suppress the DNA samples obtained from three cigarettes and a plastic bottle of water as defendant abandoned the items after a meeting and, after due to leaving them, never manifested an expectation of privacy.
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