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| Commonwealth v. Bourgeois, No. 05-P-1619,
APPEALS COURT OF MASSACHUSETTS, March 13, 2007, Decided
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Overview: Judgment was reversed as trial counsel did not provide ineffective assistance of counsel in failing to file Bishop-Fuller motion requesting victim's treatment records that related to notation indicating referral to mental health treatment facility as defendant failed to show how the privileged records were likely to be relevant and material.
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| Commonwealth v. Costa, SJC-09763,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 13, 2007, Decided
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Overview: Police had reasonable suspicion to stop and frisk defendant based on tip that teenager was carrying handgun. Caller did not give her name but knew her 911 call was being recorded and number she was calling from had been identified; she placed her anonymity sufficiently at risk such that her reliability had greater weight than anonymous caller's.
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| Commonwealth v. Raedy, No. 06-P-43.,
APPEALS COURT OF MASSACHUSETTS, March 13, 2007, Decided
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Overview: Because a jury had evidence that defendant had arrived at a party uninvited and was motivated by jealousy to attack whichever man he found sequestered with the witness, it could have found beyond a reasonable doubt that defendant was the perpetrator of an assault where an arm reached through an open door and hit the victim with a bottle.
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| Commonwealth v. Trussell, No. 06-P-130,
APPEALS COURT OF MASSACHUSETTS, March 13, 2007, Decided
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Overview: Because defendant's motion papers suggested that failure to file a timely appeal resulted from an act or omission of counsel to which defendant did not assent and the Commonwealth did not suggest otherwise, defendant's motion under Mass. RAP 14(b) was properly allowed and the appeal was properly allowed to proceed.
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| Kniskern v. Melkonian, No. 06-P-552.,
APPEALS COURT OF MASSACHUSETTS, March 13, 2007, Decided
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Overview: Because an injured worker accepted payment of compensation pursuant to an agreement he entered into under Mass. Gen. Laws ch. 152, § 48, the exclusivity provision by its express terms applied, thereby precluding suit against the insured employer for the same injury for which the employee received workers' compensation.
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| Hussain v. Cameron Constr. & Roofing Co., [NO NUMBER IN ORIGINAL],
STATE OF MASSACHUSETTS, APPELLATE DIVISION, SOUTHERN DISTRICT, March 14, 2007, Decided
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Overview: While there was nothing in the record to indicate why a motion to amend should not have been allowed, it was clear that there was no necessity for the amendment and that the home owner was not prejudiced by the denial of his motion as the trial court did not limit the home owner's evidence to the roof leaks alleged in his original complaint.
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| Orbison Corp. v. Russ, Opinion No.: 97657, Docket Number: WOCV 2003-00109-A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 14, 2007, Filed
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Overview: Because the parties entered into a binding written offer to purchase real estate, the buyer fulfilled its obligations but the seller did not, and money damages were not adequate to redress a deprivation of an interest in land, the buyer was entitled to specific performance.
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| Town of Norton v. Gillis, Opinion No.: 97653, Docket Number: 07-00098,
SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, March 14, 2007, Decided , March 14, 2007, Filed
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Overview: Because an owner violated a town's bylaw by storing commercial vehicles and by having a 500-gallon diesel fuel tank on his residential property, the town's motion for a preliminary injunction was granted to the extent that it did not include the owner's pickup truck.
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