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| Commonwealth v. Robinson, No. 06-P-982.,
APPEALS COURT OF MASSACHUSETTS, July 19, 2007, Decided
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Overview: Victim's unavailability was not established, and admission of victim's probable cause hearing testimony at defendant's criminal trial was error, because, inter alia, Commonwealth failed to use potential and significant sources of information to locate victim, particularly, victim's family, especially his brother, until very eve of trial.
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| Commonwealth v. Scipione, No. 06-P-1260,
APPEALS COURT OF MASSACHUSETTS, July 19, 2007, Decided
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Overview: Judgment was affirmed as under Mass. Gen. Laws ch. 6, § 178F1/2, where sex offender lived did not control registration requirement. Under Mass. Gen. Laws ch. 6, § 178E all sex offenders had to register. Since defendant voluntarily registered twice, it could be inferred that he was aware of registration process and his duty to register.
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| Devine v. Town of Nantucket, SJC-09837,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 19, 2007, Decided
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Overview: Because a town did not take reasonable steps to determine the record owner of property before condemning it under Mass. Gen. Laws ch. 240, § 6, the order of taking was not recorded in due course; therefore, the three-year statute of limitations in Mass. Gen. Laws ch. 79, § 16 did not apply, and the trial court properly quieted title in the trustee.
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| Mass. Elec. Co. v. Certain Underwriters at Lloyd's London, Opinion No.: 99193, Docket Number: 99-00467-B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, July 19, 2007, Filed
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Overview: Although there was a real dispute of a legal interest, as no third-party claim had arisen that would inevitably lead to litigation, there was no actual controversy, since, at the present juncture, the court could not determine the scope of the indemnity owed to the underwriters, the scope of the indemnity had to be resolved on a case-by-case basis.
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| Samaha Corp. v. El-Hayek, Opinion No.: 99085, Docket Number: 2004-04540,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 19, 2007, Decided
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Overview: In a case involving a contract for the renovation of a home, both the homeowners' and the corporation's motions for summary judgment were denied because genuine issues of material fact existing concerning whether the corporation was registered with the state home improvement contractor board and whether certain work was requested and performed.
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