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| Commonwealth v. Cextary, No. 05-P-1453,
APPEALS COURT OF MASSACHUSETTS, April 26, 2007, Decided
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Overview: Judgments were affirmed as defendant's entry into car through sunroof constituted constructive breaking under Mass. Gen. Laws ch. 266, § 18 as it was as surreptitiously intrusive violation of security of physical space intended to be protected by § 18, as was crawling down chimney or scaling wall to clamber through open window.
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| Commonwealth v. Robinson, SJC-08015,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 26, 2007, Decided
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Overview: Exclusion of testimony of defense expert on psychology of interrogations and confessions was upheld as expert's opinions were not generally accepted, required further testing, and were not yet a subject of "scientific knowledge." Dismissal of deliberating juror was not erroneous, as judge conducted adequate inquiry before replacing with alternate.
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| DeSantis v. Commonwealth Energy Sys., No. 06-P-538.,
APPEALS COURT OF MASSACHUSETTS, April 26, 2007, Decided
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Overview: A court properly trebled damages pursuant to Mass. Gen. Laws ch. 149, § 150 because the sale of the employer inevitably resulted in cutting off full payment of an employees commissions, there was an intentional and wilful violation of the parties' contract, and conduct showing a reckless indifference to the employee's rights.
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| In re Carnahan, SJC-09861,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 26, 2007, Decided
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Overview: An attorney's failure to notify a client of a financial conflict did not warrant suspension, because that was a sanction that in conflict cases was reserved for conduct involving self-dealing or egregious conflicts causing substantial injury to a client or innocent third parties.
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| In re Discipline of an Attorney, SJC-09667,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 26, 2007, Decided
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Overview: Because a former client was not harmed by an attorney's conflict of interest under Mass. R. Prof. C. 1.9(a), because there was not evidence that the attorney's actions were motivated by self-interest or selfish motives, and because the attorney was not denied due process, an admonition was the appropriate sanction.
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| SMS Fin. V, LLC v. Conti, No. 05-P-1256,
APPEALS COURT OF MASSACHUSETTS, April 26, 2007, Decided
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Overview: Where debtors sued a bank's assignee for abuse of process, that claim was properly dismissed under Mass. Gen. Laws ch. 231, § 59H, because the assignee's use of the foreclosure process to collect money owed by the debtors was "petitioning activity" and was authorized by the debtors' forbearance agreement with the bank.
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| Schwab v. Boston Mun. Court, Opinion No.: 99058, Docket Number: 06-0964,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 26, 2007, Filed
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Overview: In case involving euthanization of a dog, owner's action in nature of certiorari (Mass. Gen. Laws ch. 249, § 4) was denied because the proceedings did not violate due process. The owner was allowed to cross-examine witnesses and he was competent to participate in the proceedings; he abided by the judge's orders and asked and responded to questions.
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