Massachusetts Appeals Court Slip Opinions
4/1/2010 - 4/30/2010
SLIPS: Appeals Court | Supreme Judicial Court | Superior Court

January 12, 2010. - April 1, 2010.	COMMONWEALTH vs. KENNETH MONTGOMERY.
Practice, Criminal, Speedy trial, Dismissal.
December 10, 2008 - April 2, 2010	CHERYL D. WENTWORTH, administrator(1) & guardian,(2) vs. HENRY C. BECKER CUSTOM BUILDING LTD.
Workers' Compensation Act, Common employment, Recovery from third person, Exclusivity provision, Uninsured employer. Wrongful Death. Release. Words, "Employee."
January 15, 2010 - April 2, 2010	CHRISTOPHER N. HUG vs. GARGANO & ASSOCIATES, P.C., & another.(1)
Attorney at Law, Attorney-client relationship, Compensation, Contingent fee agreement. Practice, Civil, Attorney's fees. Contract, Contingent fee agreement. Damages, Quantum meruit. Consumer Protection Act, Damages, Unfair or deceptive act, Attorney's fees.
January 7, 2010 - April 2, 2010	PAUL G. LAMB(1) & another(2) vs. ZONING BOARD OF APPEALS OF TAUNTON.
Zoning, Variance, Lot. Real Property.
April 2, 2010	COMMONWEALTH vs. DALE K. McMULLIN
Public Records. Practice, Criminal, Confrontation of witnesses, Assistance of counsel, Sentence, Impeachment by prior conviction. Constitutional Law, Confrontation of witnesses, Assistance of counsel. Due Process of Law, Impeachment by prior conviction. Witness, Credibility. Registrar of Motor Vehicles, Records.
April 6, 2010	COMMONWEALTH vs. CHAD PITTMAN.
Controlled Substances. Firearms. Constitutional Law, Confrontation of witnesses. Practice, Criminal, Confrontation of witnesses, Instructions to jury. Evidence, Ballistician's certificate.
December 11, 2009 - April 7, 2010	COMMONWEALTH vs. JOSEF R. RIVERA
Intimidation of Witness. Witness, Intimidation. Statute, Construction. Practice, Criminal, Instructions to jury.
April 16, 2009 - April 8, 2010	COMMONWEALTH vs. ALBERTO TRAPPAGA
Sex Offender. Practice, Civil, Sex offender, Instructions to jury. Evidence, Sex offender, Sexual conduct. Practice, Criminal, Detainer.
November 10, 2009 - April 9, 2010	ROBERT LeSAGE, petitioner.
Sex Offender. Evidence, Sex offender, Expert opinion, Cross-examination, Relevancy and materiality. Witness, Expert. Practice, Civil, Instructions to jury, Sex offender. Words, "Qualified examiner."
September 11, 2009 - April 9, 2010	RICHARD J. McCARTHY, administrator,(1) vs. CITY OF WALTHAM (and a companion case(2))
Governmental Immunity. Municipal Corporations, Governmental immunity, Liability for tort. Negligence, Governmental immunity. Massachusetts Tort Claims Act. Wrongful Death. Practice, Civil, Directed verdict, Judgment notwithstanding verdict.
May 12, 2009 - April 12, 2010	JUDITH TOMPSON vs. DEPARTMENT OF MENTAL HEALTH
Practice, Civil, Summary judgment. Anti-Discrimination Law, Termination of employment, Handicap, Prima facie case, Burden of proof. Employment, Discrimination, Termination. Handicapped Persons.
May 1, 2009 - April 12, 2010	TROY INDUSTRIES, INC. vs. SAMSON MANUFACTURING CORPORATION & another.(1)
Appeals Court, Appeal from order of single justice. Practice, Civil, Appeal, Enlargement of time, Reconsideration, Notice of appeal. Words, "Good cause," "Excusable neglect."
April 13, 2010	COMMONWEALTH vs. CHERYL A. BAZINET.
Constitutional Law, Roadblock by police. Search and Seizure, Automobile, Roadblock by police. Threshold Police Inquiry. Motor Vehicle, Operating under the influence.
January 14, 2010 - April 14, 2010	COMMONWEALTH vs. ISHMAEL SHAHEED
Assault and Battery on Correctional Officer. Practice, Civil, Commitment of mentally ill person. Statute, Construction. Words, "Prisoner," "Correctional institution."
January 15, 2010. - April 15, 2010.	LISA COVIELLO vs. PATRICIA K. RICHARDSON.
Practice, Civil, Summary judgment. Contract, Sale of real estate, Offer and acceptance, Performance and breach, Specific performance. Real Property, Sale, Purchase and sale agreement, Specific performance.
October 14, 2009 - April 16, 2010	COMMONWEALTH vs. MANUEL L. SOARES
Practice, Criminal, Motion to suppress, Findings by judge, Assistance of counsel, Identification of defendant in courtroom. Identification. Due Process of Law, Identification. Constitutional Law, Identification, Assistance of counsel.
February 12, 2010 - April 20, 2010	COMMONWEALTH vs. ANDREW LEVY.
Controlled Substances. Practice, Criminal, Motion to suppress. Search and Seizure, Probable cause. Constitutional Law, Probable cause.
April 20, 2010	LORI ANN BLANEY, administratrix,(1) & another(2) vs. LOWELL GENERAL HOSPITAL & others.(3)
Repose, Statute of. Medical Malpractice. Negligence, Statute of repose. Practice, Criminal, Amendment of indictment or complaint. Practice, Civil, Claim barred by statute of repose.
December 10, 2009 - April 22, 2010	COMMONWEALTH vs. LUIS DRUMMOND
Practice, Criminal, Admissions and confessions, Voluntariness of confession, Instructions to jury, Argument by prosecutor. Constitutional Law, Admissions and confessions, Waiver of constitutional rights.
January 29, 2010 - April 23, 2010	COMMONWEALTH vs. FAURRY VILLATORO
Practice, Criminal, Motion to suppress, Argument by prosecutor, Assistance of counsel. Arrest. Search and Seizure, Arrest, Automobile, Threshold police inquiry, Probable cause. Constitutional Law, Search and seizure, Probable cause, Assistance of counsel, Confrontation of witnesses. Controlled Substances. Threshold Police Inquiry. Probable Cause. Perjury. Evidence, Certificate of drug analysis.
December 4, 2009. - April 23, 2010	COMMONWEALTH vs. ROBERT FLEMMING.
Firearms. Practice, Criminal, Motion to suppress. Search and Seizure, Threshold police inquiry, Protective frisk. Constitutional Law, Search and seizure.
January 19, 2010. - April 23, 2010	HERCULES CHEMICAL COMPANY vs. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
Department of Environmental Protection. Administrative Law, Adjudicatory proceeding, Regulations. License.
January 12, 2010 - April 26, 2010	RYAN PORTER, trustee,(1) & another(2) vs. CLARENDON NATIONAL INSURANCE COMPANY & another.(3)
Insurance, General liability insurance, Insurer's obligation to defend, Owned property exclusion, Property damage. Contract, Insurance. Real Property, Trespass.
February 4, 2010 - April 27, 2010	COMMONWEALTH vs. NNAEMEKA ENEH
Controlled Substances. Practice, Criminal, Discovery, Disclosure of evidence. Entrapment. Evidence, Certificate of drug analysis.
October 8, 2009 - April 27, 2010	COMMONWEALTH vs. MOISES MORALES.
Firearms. Controlled Substances. Practice, Criminal, Confrontation of witnesses. Constitutional Law, Confrontation of witnesses. Evidence, Certificate of drug analysis, Ballistician's certificate. Constitutional Law, Harmless error. Error, Harmless.
December 19, 2008 - April 29, 2010	COMMONWEALTH vs. KRISTIAN A. CHOWN.
Practice, Criminal, Motion to suppress. Probable Cause. Motor Vehicle, License to operate. Search and Seizure, Probable cause. Constitutional Law, Search and seizure, Probable cause.
December 4, 2009 - April 29, 2010	COMMONWEALTH vs. FERDINAND J. VELASQUEZ.
Motor Vehicle, Operation, Leaving scene of accident. Statute, Construction.