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| Breslin v. Bd. of Appeal on Motor Vehicle Liab. Policies & Bonds, No. 06-P-1282,
APPEALS COURT OF MASSACHUSETTS, September 12, 2007, Decided
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Overview: Judgment revoking driver's operating license was affirmed as driver had been convicted of operating under the influence five times for purposes of Mass. Gen. Laws ch. 90, § 24(1)(c)(3 3/4), even though there had been 30 years between fourth and fifth convictions, and look-back period of 10 years had been eliminated.
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| Commonwealth v. DeJesus, No. 06-P-1133,
APPEALS COURT OF MASSACHUSETTS, September 12, 2007, Decided
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Overview: Order suppressing handgun was reversed as violent crime for which defendant's arrest warrant was issued (armed carjacking) and record of violent felonies and firearm possession charges provided articulable facts to support protective sweep of scene. Police had objective concern for their safety.
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| Dube's Case, No. 06-P-728,
APPEALS COURT OF MASSACHUSETTS, September 12, 2007, Decided
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Overview: A claimant was able to recover death benefits for an employee's suicide based on Mass. Gen. Laws ch. 152, § 26A. The statute was governed by a simple causation test, and there was sufficient evidence to find that there was a causal relationship between the employee's physical injury, which caused him to become depressed, and his suicide.
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| Bernier v. Bernier, SJC-09836,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, September 14, 2007, Decided
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Overview: Under Mass. Gen. Laws ch. 208, § 34, an award of $ 3,160.11 per week to the wife as additional alimony to cover expenses for a horse farm until the husband paid her full share of other assets was upheld as the choice to retain the money-losing farm was personal to the wife and the husband was not required to continue funding it after the divorce.
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| Chandra v. Foster, SJC-09863,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, September 14, 2007, Decided
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Overview: Patient's petition for relief in the nature of mandamus or under Mass. Gen. Laws ch. 211, § 3 was properly denied because he had other adequate and effective avenues for seeking relief: he could have appealed from medical malpractice tribunal decision (Mass. Gen. Laws ch. 231, § 60B) or sought interlocutory review (Mass. Gen. Laws ch. 231, § 118).
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| Commonwealth v. Ka, No. 06-P-1739,
APPEALS COURT OF MASSACHUSETTS, September 14, 2007, Decided
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Overview: A trial judge's refusal to conduct a hearing on Miranda issue was error because defendant's pretrial motion to suppress was sufficient to raise Miranda issue under Mass.R.Crim.P. 13(c)(2). However, motion would not have been successful because Miranda warnings were not required for general on-scene questioning incident to routine traffic stop.
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| Cent. Ceilings, Inc. v. Nat'l Amusements, Inc., No. 06-P-291,
APPEALS COURT OF MASSACHUSETTS, September 18, 2007, Decided
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Overview: A project owner's oral promise to pay a subcontractor a general contractor's debt to the subcontractor was enforceable, under Mass. Gen. Laws ch. 259, § 1, Second, because, under the statute's "main purpose" exception, the promise was made to secure the subcontractor's expedited performance and paying the general contractor's debt was incidental.
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| Commonwealth v. Masonoff, No. 06-P-888,
APPEALS COURT OF MASSACHUSETTS, September 18, 2007, Decided
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Overview: Motion court erred by granting defendant's new trial motion under Mass.R.Crim.P. 30(b) because, even though the codefendant gave an inculpatory statement to the police, there was no basis for concluding that defendant could not have obtained a fair trial without a severance. Thus, counsel was not ineffective for failing to file a motion to sever.
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| DePiero v. Burke, No. 06-P-401,
APPEALS COURT OF MASSACHUSETTS, September 18, 2007, Decided
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Overview: Defendant property owners were entitled to dismissal under Mass. Gen. Laws ch. 231, § 59H, the anti-SLAPP statute, of plaintiff property owner's abuse of process action as defendants' zoning appeal, although unsuccessful, had factual and legal support as an ordinance required 125 feet of frontage and only 20 feet of frontage was actually available.
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