Where a jury found in favor of a defendant in a negligence suit arising out of a traffic accident, the verdict should be upheld despite the plaintiff’s challenge to the trial judge’s jury ins...
https://masslawyersweekly.com/2024/04/19/negligence-duty-of-care-jury-instructions/
Where a defendant received concurrent 84-month prison sentences, those sentences must be vacated because the government cannot meet its burden to show that the evidence makes it more likely than ...
https://masslawyersweekly.com/2024/04/19/criminal-sentencing-ammunition/
Where (1) a defendant died after a complaint was filed against him, (2) his mother, the appellant, was substituted as the defendant, and (3) a default judgment ultimately was entered against her,...
https://masslawyersweekly.com/2024/04/19/civil-practice-default-judgment-substitution/
Where a defendant has challenged the upwardly variant sentence that followed the revocation of his supervised release, the 18-month sentence was adequately explained and supported by the record, ...
https://masslawyersweekly.com/2024/04/19/criminal-sentence-variance-2/
Where (1) a Juvenile Court judge awarded “permanent” custody to a child’s father and (2) the child filed a motion to dismiss and to close the care and protection case, the judge did not err...
https://masslawyersweekly.com/2024/04/19/parent-and-child-custody-care-and-protection/
Where (1) a petitioner charged with first-degree murder filed a motion for disclosure of the identity of a confidential informant and (2) after that motion was denied, the petitioner sought relie...
https://masslawyersweekly.com/2024/04/19/appeals-g-l-c-211-%C2%A73-82/
Where a defendant moved to suppress geographic location data obtained with respect to two mobile telephone numbers and a cellphone pursuant to two search warrants, that motion should have been de...
https://masslawyersweekly.com/2024/04/19/search-and-seizure-mobile-phone-numbers-location-data/
Where a bank has requested that a discharged mortgage be reinstated to its original position in full force and effect, that request should be granted because the mortgage was discharged by mistak...
https://masslawyersweekly.com/2024/04/19/mortgages-mistake-discharge/
Where a defendant has filed a motion to remove a default entered against him, that motion should be denied because his defense to the action would be futile.
https://masslawyersweekly.com/2024/04/19/real-property-deed-notice/
Where an appeal has been filed challenging a decision by the Pembroke Zoning Board of Appeals denying a comprehensive permit to a developer, the board’s decision is not consistent with local ne...
https://masslawyersweekly.com/2024/04/19/zoning-affordable-housing-2/