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| Commonwealth v. Colon, SJC-08992,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 22, 2007, Decided
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Overview: Motion judge did not err in denying motion to suppress the warrantless entry because defendant did not have a reasonable expectation of privacy in his girl friend's apartment. There was no reason to exercise authority under Mass. Gen. Laws ch. 278, § 33E, to reduce the verdict of murder in the first degree to manslaughter or to grant a new trial.
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| Commonwealth v. Corcoran, No. 06-P-118,
APPEALS COURT OF MASSACHUSETTS, May 22, 2007, Decided
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Overview: New trial order on charges of receiving stolen property under Mass. Gen. Laws ch. 266, § 60, was vacated because, to the extent that Commonwealth v. Janvrin stood for the proposition that defendant could not be convicted solely as a receiver because the evidence showed that defendant could be, or was in fact, the thief, that decision was overruled.
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| Lehr v. Peruzzi, Opinion No.: 98288, Docket Number: 05-0409,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 22, 2007, Filed
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Overview: In a suit between claimants contesting the ownership of certain real property, plaintiff was granted Mass. R. Civ. P. 56(c) summary judgment because there was no evidence that plaintiff or his deceased sister ever accepted a certain conveyance of the property, and thus, this disputed deed did not pass title to plaintiff and his sister's widower.
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| Commonwealth v. Vega, SJC-09699,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 23, 2007, Decided
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Overview: A trial court erred in ruling that defendant could have access to records of an allied mental health professional (AMHP) who counseled an alleged incest victim, as Mass. Gen. Laws ch. 112, § 172, did not only make such records confidential, it created an evidentiary privilege encompassing communications with AMHPs.
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| Tabroff v. Contributory Ret. Appeal Bd., No. 06-P-678,
APPEALS COURT OF MASSACHUSETTS, May 23, 2007, Decided
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Overview: Because a supervisor's job description required him to directly supervise Group 4 linemen (troublemen) during nonbusiness hours and emergency situations, he was entitled to Group 4 classification for retirement purposes under Mass. Gen. Laws ch. 32, § 3(2)(g).
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| Commonwealth v. Walker, No. 06-P-471,
APPEALS COURT OF MASSACHUSETTS, May 24, 2007, Decided
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Overview: In rape prosecution in which defendant was identified by DNA evidence, allowing criminalist to testify that semen was found on swabs in rape kit, even though she had not performed test herself, did not violate Sixth Amendment, as she was competent to testify about the results of objective laboratory tests, and they did not raise hearsay issues.
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| Matthews v. Cole, Opinion No.: 99076, Docket Number: 05-4975,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 24, 2007, Filed
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Overview: A security corporation's motion for summary judgment pursuant to Mass. R.Civ.P. 56(c) was allowed because a rising traffic control gate was an open and obvious danger to a person of ordinary intelligence; thus, the corporation and its employees had no duty to warn plaintiff that a guard was going to activate the gate.
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