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   State Courts - Massachusetts - March 30 - April 3, 2007

  
Commonwealth v. Ferrer, No. 06-P-383, APPEALS COURT OF MASSACHUSETTS, March 30, 2007, Decided
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Overview: Statements to officer were admissible as exchange was initiated by defendant spontaneously and voluntarily and officer's reply was responsive to subject raised and was not reasonably likely to elicit further incriminating statement that followed. Evidence defendant was only one who fled to area gun was found supported finding he knew about gun.

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Commonwealth v. Jarvis, No. 06-P-347, APPEALS COURT OF MASSACHUSETTS, March 30, 2007, Decided
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Overview: Defendant's double jeopardy rights were not violated by improper sentencing procedure under Mass. Gen. Laws ch. 278, § 11A, because he was on notice that he had been charged with a subsequent offense, he was afforded a trial on the subsequent offense portion of the complaint, and he was given a single sentence based on the findings therefrom.

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Miller v. Cotter, SJC-09817, SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 30, 2007, Decided
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Overview: Trial court erred in denying defendants' motion to compel arbitration of plaintiff's claims for negligence and wrongful death, because an arbitration clause in an admission agreement to a nursing home was not unconscionable, as signing the agreement was not a condition of admission, and plaintiff was not unduly pressured to sign the agreement.

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Patterson v. Paul, SJC-09847, SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 30, 2007, Decided
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Overview: Trial court properly concluded that view easements were not subject to a 30-year period provided by Mass. Gen. Laws ch. 184, § 23, as the easements had taken on the defining characteristics of an affirmative easement by conferring on the neighbors the right to enter the owners' property in order to maintain the views.

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Zafanga v. SBK Assocs., Opinion No.: 97954, Docket Number: ESCV-2005-146, SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, March 30, 2007, Filed
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Overview: Summary judgment was not appropriate because genuine questions of material fact existed regarding whether defendants were negligent. Although a parking lot had been previously plowed, defendants had sufficient time to become aware that snow and freezing rain had been falling and to take reasonable precautions by sanding, salting or plowing again.

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Commonwealth v. Laro, No. 06-P-1245., APPEALS COURT OF MASSACHUSETTS, April 2, 2007, Decided
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Overview: Although the jury was not required to find that a school was an elementary school, it was far from irrational for them to have done so based on the witnesses' testimonies; therefore, the trial court properly convicted defendant of distributing a controlled substance within 1,000 feet of a school zone, in violation of Mass. Gen. Laws ch. 94C, § 32J.

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Mass. Bay Transp. Auth. v. City of Somerville, Opinion No.: 97659, Docket Numbers: 06-4616-BLS1, 06-4964 BLS1, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 2, 2007, Decided
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Overview: Because commercial advertising on the Massachusetts Bay Transportation Authority's (MBTA) facilities, like those in the cities, was part of the legislatively mandated function of the MBTA, the MBTA was allowed to erect commercial advertising signs at a rail station and maintenance facility under Mass. Gen. Laws ch. 161A, § 11.

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Smith v. Edelman, No. 06-P-217, APPEALS COURT OF MASSACHUSETTS, April 2, 2007, Decided
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Overview: Substantial post divorce increase in the income of defendant husband, the noncustodial parent, did not constitute a material change in circumstances warranting an increase in child support, where the children's needs were well met and there was no material disparity in the standards of living between the custodial and noncustodial households.

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Cmty. of Teresian Carmelites, Inc. v. Am. Towers, Inc., Opinion No.: 97947, Docket Number: 05-2324, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 3, 2007, Filed
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Overview: Because buyers agreed to assume the very obligations that the seller was claiming prevented conveyance of the property, a tenant's rights in the leased two acres could not impede conveyance of the property to the buyers; therefore, the buyers were entitled to summary judgment on their claim for specific performance.

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Therrien v. Global Prop. Developers Corp., Opinion No.: 97942, Docket Number: WOCV2006-01410A, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 3, 2007, Filed
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Overview: Because the plaintiffs' original complaint contained only unsubstantiated, hypothetical, and conjectural claims, and because the likelihood of succeeding on appeal was doubtful considering the court's dismissal of their complaint for lack of standing, a surety bond under Mass. Gen. Laws ch. 40A, § 17 was entirely appropriate.

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