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

December 7, 2009 - April 2, 2010	DEPARTMENT OF STATE POLICE vs. MASSACHUSETTS ORGANIZATION OF STATE ENGINEERS AND SCIENTISTS.(1)
State Police. Arbitration, Arbitrable question, Enjoining arbitration. Labor, Arbitration, Collective bargaining, Public employment, Discharge for union activity. Public Employment, Collective bargaining, Termination.
January 5, 2010 - April 8, 2010	NORFOLK & DEDHAM MUTUAL FIRE INSURANCE COMPANY vs. ELLEN MORRISON & others.(1)
Contract, Lease of real estate, Indemnity, Insurance, Illegality. Indemnity. Insurance, Coverage, Insured, Insurer's obligation to defend, Liability insurance. Landlord and Tenant, Landlord's liabilities to tenant or one having his rights, Landlord's liability to third person. Negligence, One owning or controlling real estate.
April 8, 2010	COMMONWEALTH vs. HECTOR M. MALDONADO, JR.
Supreme Judicial Court, Appeal from order of single justice. Practice, Criminal, Disclosure of identity of informer.
December 10, 2009 - April 9, 2010	COMMONWEALTH vs. THOMAS SMITH
Practice, Criminal, Admissions and confessions, Voluntariness of statement, Assistance of counsel, Argument by prosecutor. Constitutional Law, Admissions and confessions, Voluntariness of statement, Assistance of counsel. Evidence, Admissions and confessions, Voluntariness of statement, Relevancy and materiality.
April 9, 2010	COMMONWEALTH vs. PAUL GUNTER
Practice, Criminal, Capital case, Postconviction relief, Appeal.
April 9, 2010	LESLIE SLAVIN, trustee,(1) vs. CAROL A. BECKWITH & others.(2)
Trust, Reformation, Taxation. Taxation, Trust.
April 9, 2010	MARIE WINFIELD & another(1) vs. ELDER SERVICES OF MERRIMACK VALLEY, INC.
Supreme Judicial Court, Superintendence of inferior courts. Protective Order. Probate Court, Judgment.
April 9, 2010	NELSON DAVIS vs. COMMONWEALTH
Supreme Judicial Court, Appeal from order of single justice, Superintendence of inferior courts.
December 10, 2009 - April 12, 2010	COMMONWEALTH vs. VUTHY SENG
Homicide. Armed Assault with Intent to Murder. Practice, Criminal, Capital case, Challenge to jurors, Instructions to jury. Evidence, Prior consistent statement, Past recollection recorded.
February 8, 2010. - April 13, 2010.	DANIEL PROVENCAL & another(1) vs. COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY & others.(2)
Commonwealth Health Insurance Connector Authority. Insurance, Health and accident. Administrative Law, Administrative Procedure Act, Agency's authority, Agency's interpretation of statute, Decision, Hearing, Judicial review, Regulations. Practice, Civil, Motion to dismiss, Review of administrative action. State Administrative Procedure Act.
December 10, 2009 - April 16, 2010	COMMONWEALTH vs. DAMION LINTON
Homicide. Practice, Criminal, Capital case, Required finding, Instructions to jury, Assistance of counsel. Malice. Intent. Evidence, Spontaneous utterance, Testimonial statement, Relevancy and materiality, Intent, Videotape, Scientific test, Statistics. Search and Seizure, Inevitable discovery. Deoxyribonucleic Acid.
November 3, 2009 - April 16, 2010	COMMONWEALTH vs. JIMMY LEE FLUELLEN, JR.
Controlled Substances. "School Zone" Statute. Joint Enterprise. Practice, Criminal, Verdict, Confrontation of witnesses, Harmless error. Evidence, Joint enterprise, Certificate of drug analysis. Constitutional Law, Confrontation of witnesses, Harmless error. Error, Harmless.
December 9, 2009 - April 16, 2010	COMMONWEALTH vs. ALEXANDER HERNANDEZ
Arrest. Motor Vehicle. Police, Special police officer, Unlawful arrest. Evidence, Result of illegal arrest. Practice, Criminal, Motion to suppress, Warrant. Probable Cause.
January 4, 2010 - April 16, 2010	T.W. NICKERSON, INC. vs. FLEET NATIONAL BANK, trustee,(1) & others.(2)
Contract, Lease of real estate, Option, Implied covenant of good faith and fair dealing. Real Property, Lease, Option, Right of first refusal. Landlord and Tenant, Renewal of lease. Consumer Protection Act, Lease, Unfair or deceptive act.
April 20, 2010	COMMONWEALTH vs. ERIC SNOW & another.(1)
Supreme Judicial Court, Appeal from order of single justice, Superintendence of inferior courts. Practice, Criminal, Grand jury proceedings, Indictment, Conduct of government agents.
December 7, 2009. - April 27, 2010	COMMONWEALTH vs. VALENTINE J. RODRIGUEZ.
Controlled Substances. Practice, Criminal, Required finding, Motion to suppress, Affidavit, Presumptions and burden of proof, Confrontation of witnesses. Constitutional Law, Search and seizure, Confrontation of witnesses. Evidence, Certificate of drug analysis, Expert opinion, Opinion.
January 4, 2010 - April 27, 2010	KIRSTEN M. WHEATLEY(1) vs. MASSACHUSETTS INSURERS INSOLVENCY FUND.
Massachusetts Insurers Insolvency Fund. Consumer Protection Act, Availability of remedy, Insurance. Insurance, Insolvency of insurer, Unfair act or practice, Settlement of claim.
April 27, 2010	VERNON S. RIVET vs. PATRICIA TRAVAGLIA & another.(1)
Supreme Judicial Court, Superintendence of inferior courts. Moot Question.