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| Bizarria v. Presidential Dev. Corp., Opinion No.: 99284, Docket Number: 02-4381,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 16, 2007, Decided
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Overview: President's actions violated Mass. Gen. Laws ch. 93A, § 2 as the president misrepresented that he would take care of building permits, and spent buyers' money that was being held in escrow. President was personally liable for his actions.
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| Commonwealth v. Caillot, SJC-08383,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 16, 2007, Decided
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Overview: Newly discovered evidence -- the recovery of a gun that was used in other shootings by persons other than inmates -- did not satisfy the standards for granting a new trial under Mass. R. Crim. P. 30(b). It did not cast doubt on the justice of the convictions, because it did not eliminate the inmates as the persons who killed the victim.
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| Commonwealth v. Fappiano, No. 06-P-539,
APPEALS COURT OF MASSACHUSETTS, August 16, 2007, Decided
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Overview: Because the significance of defendant's abuse history and the potential applicability of battered woman syndrome were well known at the time of trial, and not only was there knowledge of the existence of abuse, but further evidence was reasonably discoverable, she failed to establish that she was entitled to a new trial.
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| Commonwealth v. Power-Koch, No. 06-P-1101,
APPEALS COURT OF MASSACHUSETTS, August 16, 2007, Decided
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Overview: Judgment was reversed as defendant was entitled to jury charge on accident in involuntary manslaughter trial under Mass. Gen. Laws ch. 265, § 13 as defendant's statements could permit jury to conclude that his shooting of his suicidal friend was accidental, such as that defendant did not want to kill friend and did not know if gun was loaded.
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| Boston Hous. Auth. v. Garcia, SJC-09753,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 17, 2007, Decided
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Overview: Because 42 U.S.C.S. § 1437d(l)(6) preempted Mass. Gen. Laws ch. 121B, § 32 with respect to federally funded housing tenancies and an innocent tenant or "special circumstances" defense was disallowed, a tenant was properly evicted on the basis that her two sons, who were members of her household, had been charged with drug-related offenses.
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| Commonwealth v. Alfonso, SJC-09868,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 17, 2007, Decided
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Overview: Defendant was not entitled to correction of her sentence under Mass.R.Crim.P. 30(a) because the appellate division had the jurisdiction under Mass. Gen. Laws ch. 278, § 28A to amend her sentence because defendant's sentence was a "state prison" sentence by its own terms under Mass. Gen. Laws ch. 125, § 1(o).
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| Commonwealth v. Cameron, No. 05-P-59,
APPEALS COURT OF MASSACHUSETTS, August 17, 2007, Decided
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Overview: There was no error in trial judge's refusal to permit defendant to question victim as to prior sexual acts in violation of Mass. Gen. Laws ch. 233, § 21B because even though trial judge allowed defendant to address the issue during the voir dire conducted during cross-examination of the victim, defendant made no attempt to pursue the questioning.
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| Commonwealth v. Kelly, No. 06-P-1655,
APPEALS COURT OF MASSACHUSETTS, August 17, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of knowingly making false report of motor vehicle theft (Mass. Gen. Laws ch. 268, § 39) because defendant's signature on stolen motor vehicle report constituted written statement and defendant signed report under printed warning that false statements made on form were punishable under penalty of perjury.
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