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| Commonwealth v. Clark, SJC-09522,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 8, 2006, Decided
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Overview: Defendant's motion for required finding of not guilty was properly denied as defendant once presented himself to police as "William Clark," yet used "Jarod Bailey" upon arrest, without disclosing prior use of first name. It was proper to infer that defendant did so for dishonest purposes under § 34A. Defendant's true name did not have to be proven.
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| Commonwealth v. Daley, No. 05-P-958,
APPEALS COURT OF MASSACHUSETTS, May 8, 2006, Decided
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Overview: Defendant's conviction of negligent operation of a motor vehicle, Mass. Gen. Laws ch. 90, § 24(2)(a), was affirmed, because the trial court properly denied defendant's motion for a finding of not guilty, as the Commonwealth was not required to prove that defendant was involved in an accident to prove the charge.
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| Lombardi-Blowers v. Town of Dennis, Docket Number: 2002-00136,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, May 8, 2006, Decided
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Overview: Because an injured person's failure to disclose or otherwise mention that she had a history of a torn right shoulder rotator cuff was not fatal to the court's accepting the opinion of an orthopedic surgeon, and if there was a prior rotator cuff tear, it was worsened or pulled farther apart as a result of the collision, she was awarded damages.
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| Commonwealth v. Martinez, Docket Number: 2002-0319,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, May 9, 2006, Decided , May 9, 2006, Filed
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Overview: Because a search warrant affidavit was based on two controlled drug buys and described with particularity the items to be seized and the place to be searched, the affidavit was sufficient to establish probable cause to believe that defendant was a drug courier and that drugs and other evidence of a crime would be found in her residence.
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| Commonwealth v. Rosado, Docket Number: 05-1283,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, May 9, 2006, Decided , May 9, 2006, Filed
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Overview: Confidential informant was reliable and credible where informant personally purchased cocaine from defendant on two occasions and previously provided information to officers and made controlled buys that led to arrests and seizure of contraband; mere existence of incorrect assertion of fact in affidavit did not invalidate finding of probable cause.
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| Kaplan v. Kriensky, Docket Number: 00-3660,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 9, 2006, Decided
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Overview: Designation of defendant corporation's expert in a civil action could stand, despite the fact that the deadline for designating experts had passed and the deadline for completing "expert" depositions had expired, because the expert's testimony was not anticipated to be voluminous, and further depositions would probably not be needed.
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| Marquez v. Shiro, Docket Number: 02-0492,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 9, 2006, Filed
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Overview: Defendant's counsel was permitted to access certain records of the Massachusetts Department of Youth Services, the Massachusetts Department of Social Services, and a corporation solely in his or her capacity as an officer of the court. The records could not be disclosed, disseminated, reproduced, or used at trial without a court order.
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