The Massachusetts Appeals Court affirmed dismissal of a broad constitutional challenge to multiple firearms statutes, holding that the plaintiffs’ conclusory allegations failed to establish standing and that binding SJC precedent in Commonwealth v. Marquis forecloses challenges to the $100 licensing fee.
The Massachusetts Appeals Court affirmed Anthony Villalobos’s involuntary manslaughter conviction for the 2009 group beating death of Jose Alicea outside a Back Bay nightclub, holding that eyewitness identification, security footage, and testimony about collective conduct sufficiently proved his participation under a joint venture theory.
The First District affirmed summary judgment for Costco in a parking lot fall case, holding that a quarter-inch pavement deviation was de minimis as a matter of law and did not trigger a duty to repair or warn.
The Fourth District affirmed convictions for possession with intent to deliver cannabis and unlawful weapon possession, holding the search warrant described items to be seized with sufficient particularity and police entry was lawful.
The Second District affirmed the trial court’s division of a $13 million marital estate, maintenance award, dissipation findings, fee contribution, and sanctions in a 25-year marriage dissolution, rejecting challenges from both parties.
The Fifth District held that Facebook messages obtained under a warrant lacking probable cause were admissible under the inevitable discovery doctrine, but found defense counsel ineffective for failing to move to dismiss a time-barred attempted murder charge.
The First District affirmed three predatory criminal sexual assault convictions as supported by sufficient evidence, but remanded for a proper preliminary Krankel inquiry where the circuit court failed to adequately examine the defendant’s pro se claims of ineffective assistance.
The Fifth District affirmed the maintenance award and debt allocation but vacated and remanded the portion of the judgment awarding petitioner the full value of respondent’s law firm partnership, finding it inconsistent with the remainder of the property division order.
The Fifth District affirmed the parenting time allocation but reversed the relocation order, finding the circuit court failed to adequately consider the parties’ limited resources, inability to cooperate, and the child’s need for stability.
The Second District vacated a domestic battery conviction where the evidence was insufficient to prove bodily harm, while affirming convictions for violating an order of protection.