Massachusetts Appeals Court Slip Opinions
3/1/2010 - 3/31/2010
SLIPS: Appeals Court | Supreme Judicial Court | Superior Court

November 4, 2009 - March 1, 2010	COMMONWEALTH vs. JAYSON A. TAVERNIER
Practice, Criminal, Plea, New trial. Constitutional Law, Plea. Due Process of Law, Plea.
October 2, 2009. - March 2, 2010.	COMMONWEALTH vs. RONALD MATHIS.
Constitutional Law, Search and seizure, Investigatory stop, Reasonable suspicion, Probable cause. Search and Seizure, Threshold police inquiry, Reasonable suspicion, Protective frisk, Probable cause. Threshold Police Inquiry. Controlled Substances. Practice, Criminal, Failure to make objection.
January 14, 2010. - March 2, 2010.	BRICE ESTATES, INC. vs. ALAN F. SMITH & others.(1)
"Anti-SLAPP" Statute. Practice, Civil, Motion to dismiss. Trespass.
November 9, 2009. - March 2, 2010.	RICHARD J. SPILLANE & another(1) vs. SAMUEL ADAMS & others.(2)
Practice, Civil, Findings by judge. Real Property, Ownership, Record title, Boundary. Declaratory Relief. Words, "Mean low water or tide."
September 8, 2008. - March 4, 2010.	COMMONWEALTH vs. ANN POWER.
Homicide. Practice, Criminal, Instructions to jury. Wanton or Reckless Conduct. Evidence, Inference.
November 9, 2009. - March 4, 2010.	COMMONWEALTH vs. JOHN WALLACE.
Rape. Evidence, First complaint. Consent. Intoxication. Practice, Criminal, Instructions to jury, Sentence.
November 4, 2008 - March 5, 2010	TARGUS GROUP INTERNATIONAL, INC. vs. HOWARD SHERMAN & others.(1)
Practice, Civil, Summary judgment. Contract, What constitutes, Construction of contract, Implied covenant of good faith and fair dealing, Performance and breach, Damages. Damages, Breach of contract, Interest.
November 6, 2009 - March 5, 2010	COMMONWEALTH vs. MARIO M. PEREZ
Practice, Criminal, Motion to suppress, Confrontation of witnesses. Constitutional Law, Search and seizure, Confrontation of witnesses. Search and Seizure, Expectation of privacy, Curtilage, Probable cause. Controlled Substances. Evidence, Consciousness of guilt, Certificate of drug analysis.
November 13, 2009 - March 12, 2010	ANAWAN INSURANCE AGENCY, INC., & another(1) vs. DIVISION OF INSURANCE
Practice, Civil, Statute of limitations. Limitations, Statute of. License. Insurance, Agent. Statute, Construction.
October 2, 2009 - March 15, 2010	COMMONWEALTH vs. Kelly J. FLANAGAN
Constitutional Law, Double jeopardy, Self-incrimination. Motor Vehicle, Operating to endanger, Operation, Operating under the influence. Practice, Criminal, Double jeopardy, Lesser included offense, Duplicative convictions, Comment by prosecutor, Instructions to jury, Jury and jurors, Mistrial. Statute, Construction. Jury and Jurors.
November 5, 2009 - March 18, 2010	RODNEY WESTON vs. CONTRIBUTORY RETIREMENT APPEAL BOARD
School and School Committee, Retirement benefits. Public Employment, Retirement benefits. Retirement. Contributory Retirement Appeal Board. Administrative Law, Judicial review, Agency's interpretation of statute. Words, "Teacher."
September 10, 2009 - March 18, 2010	ZONING BOARD OF APPEALS OF CANTON vs. HOUSING APPEALS COMMITTEE & another(1)
Housing. Zoning, Low and moderate income housing, Housing appeals committee, Comprehensive permit. Administrative Law, Regulations, Substantial evidence, Judicial review. Regulation.
September 16, 2009 - March 19, 2010	ADOPTION OF ILONA.(1)
Adoption, Care and protection, Dispensing with parent's consent, Visitation rights. Parent and Child, Dispensing with parent's consent to adoption. Evidence, Child custody proceeding. Americans with Disabilities Act.
November 17, 2009 - March 31, 2010	MAUREEN O'MALLEY vs. TRINA SOSKE
Evidence, Medical report, Business record, Hearsay. Negligence, Motor vehicle. Statute, Construction.
November 12, 2009 - March 31, 2010	COMMONWEALTH vs. DWAYNE M. WILLIAMS, JR.
Constitutional Law, Search and seizure, Confrontation of witnesses. Search and Seizure, Exigent circumstances, Warrant, Blood sample. Practice, Criminal, Confrontation of witnesses, Motion to suppress. Evidence, Blood sample.