Where a judge rejected a defendant’s suppression motion in a narcotics case, this was error, as the relevant affidavit failed to support a nexus between the alleged criminal activity and the defendant’s residence.Read More »
Tag Archives: April 25 2011 issue.Feed Subscription
Where (1) plaintiff and defendant waste management companies, which shared disposal rights at an incinerator facility, entered into a “Disposal Rights Agreement,” (2) when a dispute arose over the parties’ entitlements under a specific DRA provision, the plaintiff sued for a declaratory judgment defining the provision, (3) the defendant counterclaimed for a declaratory judgment or for rescission of the DRA and (4) a judge found that the provision contained a significant ambiguity about which the parties had never reached a meeting of the minds, the judge acted properly in subsequently inserting a term to implement the parties’ stated business objectives, declaring the resulting agreement binding and dismissing the counterclaim for rescission.Read More »
Where a defendant has challenged on appeal an order denying his motion to dismiss an indictment for intimidation of a judge, the appeal must fail, as there was sufficient evidence for a rational jury to infer that a letter the defendant sent to the judge was intimidating or harassing within the meaning of G.L.c. 268, §13B.Read More »
Where a defendant passenger in an automobile moved to suppress evidence found as a result of an order by the police to exit the vehicle, the motion must be allowed on the ground that the odor of burnt marijuana could not by itself justify the exit order.Read More »
Attorneys may be asked to opine on or litigate recorded land use restrictions (also called restrictive covenants). Examples of types of restrictions abound. Residential subdivision restrictions can cover building size and design, preservation of trees, keeping of animals, and maintenance/repair ...
Tagged with: April 25 2011 issue.Read More »