Massachusetts Appeals Court Slip Opinions
2/1/2010 - 2/28/2010
SLIPS: Appeals Court | Supreme Judicial Court | Superior Court

November 12, 2009 - February 1, 2010	DeWITT P. DAVENPORT, trustee,(1) vs. PLANNING BOARD OF DENNIS
Zoning, Special permit, By-law, Judicial review, Setback, Lot size, Frontage, Parking, Low and moderate income housing. Housing. Statute, Construction.
October 8, 2009 - February 3, 2010	COMMONWEALTH vs. FRANCISCO PIMENTEL
Controlled Substances. Constitutional Law, Confrontation of witnesses. Practice, Criminal, Confrontation of witnesses. Evidence, Certificate of drug analysis, Scientific test, Expert opinion. Error, Harmless.
October 8, 2009 - February 3, 2010	COMMONWEALTH vs. LUIS E. MELENDEZ-DIAZ
Controlled Substances. Constitutional Law, Confrontation of witnesses. Practice, Criminal, Confrontation of witnesses. Evidence, Expert opinion, Scientific test, Opinion, Authentication, Certificate of drug analysis. Error, Harmless.
December 14, 2009 - February 5, 2010	COMMONWEALTH vs. DARREN BARBOZA
Evidence, Prior misconduct, Relevancy and materiality, Motive. Practice, Criminal, Instructions to jury.
April 7, 2009 - February 8, 2010	STEVEN W. ALBAHARI & others(1) vs. ZONING BOARD OF APPEALS OF BREWSTER & another.(2)
Practice, Civil, Summary judgment. Municipal Corporations, By-laws and ordinances. Zoning, By-law, Building permit, Notice, Judicial review.
October 8, 2009 - February 11, 2010	SUZANNE HOPE TAMMARO vs. KEVIN FRANCIS O'BRIEN
Divorce and Separation, Child custody, Modification of judgment. Minor, Custody. Parent and Child, Custody.
December 16, 2009 - February 11, 2010	PAUL G. BRESTEN vs. BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES & BONDS
Board of Appeal on Motor Vehicle Liability Policies and Bonds. Interstate Compact on Motor Vehicle Convictions. Registrar of Motor Vehicles, Revocation of license to operate. Motor Vehicle, License to operate. Statute, Construction. Words, "Of a statutorily similar nature."
December 4, 2009 - February 16, 2010	COMMONWEALTH vs. MARK LEONARDI
Practice, Criminal, Assistance of counsel, Waiver of trial by jury, Defendant pro se. Constitutional Law, Assistance of counsel, Waiver of constitutional rights. Statute, Construction.
February 18, 2010.	ROBERT T. O'BRIEN vs. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.(1)
Contributory Retirement Appeal Board. Administrative Law, Substantial evidence. Public Employment, Accidental disability retirement. Words, "Regular compensation."
December 17, 2009 - February 19, 2010	COMMONWEALTH vs. ROBERT R. HASKELL.
Practice, Criminal, Plea, Record, Affidavit. Constitutional Law, Plea. Judge.
December 16, 2009 - February 19, 2010	COMMONWEALTH vs. ONE HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED NINETY-ONE DOLLARS & another.(1)
Forfeiture Proceeding. Practice, Civil, Forfeiture proceeding, Intervention.
September 16, 2009 - February 22, 2010	COMMONWEALTH vs. DAVID P. GRECO
Constitutional Law, Confrontation of witnesses. Practice, Criminal, Confrontation of witnesses, Instructions to jury, Voluntariness of confession. Evidence, Certificate of drug analysis, Judicial notice. Controlled Substances. Habitual Offender.
January 6, 2010. - February 23, 2010.	MICHAEL J. CONNOLLY vs. MARY K. SULLIVAN.
"Anti-SLAPP" Statute. Practice, Civil, Complaint, Dismissal, Moot case.
October 22, 2009. - February 23, 2010.	CENTRAL WATER DISTRICT ASSOCIATES, LIMITED PARTNERSHIP vs. COMMISSIONER OF REVENUE.
Taxation, Appellate Tax Board, Abatement. Partnership, Limited partnership. Attorney At Law. Administrative Law, Substantial evidence, Agency's interpretation of statute. Words, "Good and sufficient cause," "Reasonable cause."
October 13, 2009. - February 23, 2010.	COMMONWEALTH vs. WILLIAM RIVERA.
Firearms. Motor Vehicle, Firearms. Practice, Criminal, Confrontation of witnesses, Assistance of counsel. Constitutional Law, Confrontation of witnesses, Assistance of counsel, Search and seizure. Evidence, Authentication, Ballistician's certificate, Firearm. Search and Seizure, Automobile, Protective frisk.
September 10, 2009. - February 25, 2010.	COMMONWEALTH vs. ANGEL MONTALVO.
Controlled Substances. Evidence, Constructive possession, Inference, Joint enterprise.
January 13, 2010. - February 25, 2010.	COMMONWEALTH vs. ENRIQUE CABRERA.
Practice, Criminal, Motion to suppress. Constitutional Law, Search and seizure, Reasonable suspicion, Investigatory stop. Search and Seizure, Threshold police inquiry, Reasonable suspicion, Protective frisk. Threshold Police Inquiry. Controlled Substances. Firearms.
December 14, 2009. - February 25, 2010.	SELENA SOEDERBERG vs. CONCORD GREENE CONDOMINIUM ASSOCIATION & another.(1)
Negligence, Snow and ice, Standard of care, One owning or controlling real estate. Snow and Ice. Practice, Civil, Instructions to jury. Words, "Open and obvious danger."