Argument: Not yet scheduled.

Keywords: Criminal Law - GPS - Probation - Sex Offenders

Question Presented: Whether a probationer could be held on a finding of probable cause for probation violation because the probation department was unable to supply a GPS device for him to wear.

Facts: The defendant was convicted of a sex offense and ordered to wear a GPS tracking device as a term of his probationary sentence after release from jail. Probation was unable …

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Argument: September 2010

Keywords: Contract Law - Insurance

Question Presented: Whether the Massachusetts Insurers Insolvency Fund cap of $300,000 per claim applies to each claimant, or may apply in the aggregate to all claims arising from a single incident if specified by the policy.  

Facts: After a doctor allegedly provided negligent care to Richard Smith, Smith and his wife and two children filed tort claims for bodily injury and loss of consortium. The doctor’s …

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Argument: September 2010

Keywords: Bail - Criminal Procedure - Judicial Review

Question Presented: Whether a defendant who is released on bail with conditions by the District Court can appeal the imposition of conditions to the Superior Court, pursuant to G.L. c. 276, § 58A.

Facts: The defendant was released on bail by a judge of the District Court subject to conditions, including that he wear a GPS tracking bracelet and follow a curfew. The defendant …

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Argument: Not yet scheduled.

Keywords: Civil Procedure - Fraudulent Conveyance - Statute of Limitations - Torts

Question Presented: Whether the common law theory of fraudulent conveyance survived the passed of the Uniform Fraudulent Transfer Act.  

Facts: The plaintiff brought suit against Stephen Barnes and Christina DeYeso, alleging that he was owed substantial money by Barnes that he had been unable to collect; that Barnes had transferred …

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Argument: Not yet scheduled.

Keywords: Criminal Law - Murder

Question Presented: Whether a charge of armed home invasion should have supported an instruction on second-degree felony murder; if so, whether the defendant is entitled to a new trial.

Facts: The defendant and another man came to an apartment armed with handguns. They first threatened the victim’s girlfriend, then shot the victim, who was sitting on the couch, and …

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