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| Commonwealth v. Cabrera, SJC-09779,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, October 12, 2007, Decided
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Overview: Convictions for receiving stolen property and breaking and entering at night with intent to commit felony did not violate double jeopardy rule, as offenses contained no elements in common and defendant's actions were not so closely related so as to constitute a single crime. Defendant was collaterally estopped from relitigating suppression issue.
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| Krafchuk v. Planning Bd., No. 06-P-1073.,
APPEALS COURT OF MASSACHUSETTS, October 12, 2007, Decided
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Overview: Amended definitive subdivision plan, submitted more than seven months after preliminary plan, had to be considered as a new plan and could not take advantage of a zoning freeze under Mass. Gen. Laws ch. 40A, § 6; as a result, approval of the amended plan, which did not comply with new zoning, was properly vacated.
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| Gen. Convention of the New Jerusalem in the United States of Am., Inc. v. MacKenzie, SJC-09856,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, October 15, 2007, Decided
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Overview: As a church's bylaws stated that a general convention of churches would receive church's assets if it "ceased to exist," the bylaws did not mention disaffilliation, the church did not dissolve under Mass. Gen. Laws ch. 180, § 11A, and continued to exist, the convention was not entitled to the church's assets after it withdrew from the convention.
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| Carr v. Entercom Boston, LLC, Docket Number: 07-2935 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, October 16, 2007, Decided
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Overview: Because a radio station's claims against a competitor for tortious interference with its contractual relationship with one of its broadcasters, and any Mass. Gen. Laws ch. 93A violations grounded upon such tortious activity, were matters which could be satisfied by monetary damages, the radio station was denied a preliminary injunction.
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| Carr v. Entercom Boston, LLC, Docket Number: 07-2935 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, October 16, 2007, Decided
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Overview: Employee advised employer that he planned to accept competitors employment offer; employer exercised its contractual right of first refusal to continue his employment on same terms offered by competitor. As parties' employment contract was still in force, employer's exercise of right of first refusal did not violate Mass. Gen. Laws ch. 149, § 186.
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| Commonwealth v. Caparella, No. 06-P-782.,
APPEALS COURT OF MASSACHUSETTS, October 16, 2007, Decided
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Overview: Evidence that, inter alia, defendant drafted and endorsed checks payable to cash and her father from unauthorized account by virtue of position with victim supported larceny conviction; victim acquired possessory interest via constructive trust. Inculpatory statements by coventurer addressing history of conspiracy were admissible against defendant.
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| Redstone v. O'Connor, No. 06-P-496.,
APPEALS COURT OF MASSACHUSETTS, October 16, 2007, Decided
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Overview: In case involving trust created by mother for benefit of granddaughter, the trust instrument did not support the determination that the grandson was an intended beneficiary of the trust because the mother's intent to have trust property remain with her grandchildren and their issue could not reasonably be ascertained from the trust's overall plan.
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| Commonwealth v. Morales, No. 06-P-961.,
APPEALS COURT OF MASSACHUSETTS, October 17, 2007, Decided
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Overview: Jury instruction that physical contact was required for heat of passion upon reasonable provocation supporting conviction for voluntary manslaughter, as a lesser offense of murder, was error, as there was evidence defendant was surrounded and told victim he did not want trouble; error created miscarriage of justice as evidence was not overwhelming.
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| Commonwealth v. Santiago, No. 06-P-1144.,
APPEALS COURT OF MASSACHUSETTS, October 17, 2007, Decided
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Overview: Because none of the asserted grounds set forth in an affidavit, justified the issuance of a no-knock warrant, as the affidavit did not specify the presence of a BB pistol as a safety concern and there was no information that defendant might actually use a pit bull as a weapon, defendant's motion to suppress was properly granted.
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