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| Commonwealth v. Lester, No. 05-P-1755,
APPEALS COURT OF MASSACHUSETTS, September 4, 2007, Decided
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Overview: Convictions of intimidation of a witness, Mass. Gen. Laws ch. 268, § 13B, were reversed because there was insufficient evidence as to which of 34 calls allegedly placed by jointly tried accuseds originated from defendant. Defendant also received ineffective assistance because counsel failed to move to exclude defendant's statement to officer.
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| Commonwealth v. Porter, No. 06-P-182,
APPEALS COURT OF MASSACHUSETTS, September 5, 2007, Decided
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Overview: Entry for the purposes of unarmed burglary under Mass. Gen. Laws ch. 266, § 15 was shown by defendant's presence between the storm door and the front door of the victim's home, with both hands on the front door handle, and by the opening of a side window with the blinds knocked off the window sill, indicating defendant had reached in with his hand.
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| Commonwealth v. White, No. 06-P-1318,
APPEALS COURT OF MASSACHUSETTS, September 5, 2007, Decided
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Overview: Defendant was properly convicted of perjury, under Mass. Gen. Laws ch. 268, § 1, because a jury could find beyond a reasonable doubt that his false statement at his rape trial, attempting to show his victim falsely accused him to avoid repaying a loan, was material because her credibility was of key importance, due to a lack of physical evidence.
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| Chan v. Chen, No. 06-P-1074,
APPEALS COURT OF MASSACHUSETTS, September 6, 2007, Decided
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Overview: Judgment in favor of a buyer on a claim of fraud or misrepresentation against a seller concerning the sale of a business was reversed, as the trial court erred in admitting statements made by brokers to the buyer, because a broker and buyer were involved in a conflict of interest, as they had entered into a partnership to run the business.
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| Commonwealth v. Peppicelli, No. 06-P-931,
APPEALS COURT OF MASSACHUSETTS, September 6, 2007, Decided
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Overview: A trial court properly denied defendants' motion for a new trial and properly discharged a juror under Mass. Gen. Laws ch. 234A, § 39 and Mass. Gen. Laws ch. 234, § 26B, as the juror had a conversation with a police officer in a retail store about defendants' murder case after being instructed not to discuss the case outside the jury room.
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| Spirito v. Hyster New Eng., Inc., No. 06-P-816,
APPEALS COURT OF MASSACHUSETTS, September 6, 2007, Decided
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Overview: In a contribution suit, summary judgment was properly denied to the joint tortfeasors because, within one year of the settlement, the common liability was discharged by an employer's payment of $ 950,000 to plaintiff, who was assigned the employer's contribution rights, therefore, the action was not barred by Mass. Gen. Laws ch. 231B, § 3(d)(2).
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| Borden v. Humm, No. 06-P-770,
APPEALS COURT OF MASSACHUSETTS, September 7, 2007, Decided
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Overview: The trial court did not err in granting summary judgment to the property owners because, at the father's death, the property owners held a lot in their own right, not as resulting trustees, and had no duty to convey the lot to the father's estate. The father had the power to terminate a "resulting trust," which he did after the mother's death.
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| Commonwealth v. Molligi, No. 06-P-1427.,
APPEALS COURT OF MASSACHUSETTS, September 10, 2007, Decided
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Overview: While knife in defendant's prosecution under Mass. Gen. Laws ch. 269, § 10 was steak knife with a four-inch straight blade, such a straight knife was dangerous per se under existing case law; even if it were not dangerous per se, defendant's conduct in carrying knife on public street with moderate pedestrian traffic rendered it a dangerous weapon.
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