Opinions published in the electronic advance sheets of the Massachusetts Reports and Massachusetts Appeals Court Reports are subject to correction, amendment, and supplementation prior to publication in final form in the official bound volumes. Such revisions are noted in the lists below.
Revisions for Massachusetts Reports
| Volume, Page | Case Name | Description of Revision | Date Revised | |
|---|---|---|---|---|
| 491, 666-705 | Commonwealth v. Guardado | Amendment - on p. 666, in third headnote, in lines 7 through 9, delete text beginning "however" through "device;"; in line 9, replace "finally" with "further"; in line 10, replace "694" with "693"; resulting text shift and footnote text shift beginning on p. 666 through p. 705. | 10/30/2023 | |
| 491, 668 | Commonwealth v. Guardado | Amendment - in first paragraph, delete last sentence beginning "Because" and ending "purposes")."; move footnote 1 to follow prior sentence ending "cannot stand.". | 10/30/2023 | |
| 491, 687 | Commonwealth v. Guardado | Amendment - in lines 6 through 7 of first full paragraph, replace "Cassidy, 479 Mass. at 532" with "Commonwealth v. Cassidy, 479 Mass. 527, 532, cert. denied, 139 S. Ct. 276 (2018)." | 10/30/2023 | |
| 491, 689 | Commonwealth v. Guardado | Amendment - in lines 9 through 10 of first full paragraph, replace "Heller, 554 U.S. at 635," with "District of Columbia v. Heller, 554 U.S. 570, 635 (2008) (Heller)". | 10/30/2023 | |
| 491, 693 | Commonwealth v. Guardado | Amendment - at end of last sentence in first paragraph, insert following new footnote 10: "Because the defendant does not argue that absence of licensure is an essential element of the crime of unlawful possession of a large capacity feeding device, G. L. c. 269, § 10 (m), we do not reach that issue."; delete entire first full paragraph beginning "Nonetheless". | 10/30/2023 | |
| 492, 626 | Commonwealth v. Souza | Amendment - in line 1 of footnote 6, replace "The defendant contends that...statement in Adjutant" with "In Adjutant, 443 Mass. at 666, we stated". | 10/20/2023 | |
| 492, 627 | Commonwealth v. Souza | Amendment - in line 1 of footnote 6, delete "Adjutant, 443 Mass. at 666." | 10/20/2023 | |
| 492, 746 | In the Matter of Foster | Correction - in line 3 of second full paragraph, replace comma after "cert" with a period. | 9/22/2023 | |
| 492, 744 | In the Matter of Foster | Correction - in line 4 of first full paragraph, insert "Bosse" after "assistant district attorneys". | 9/22/2023 | |
| 492, 736 | In the Matter of Foster | Correction - in line 2 of first paragraph, insert "Bosse" after "John"; in line 5 of first paragraph, insert "Bosse" after "Kaczmarek's statement to". | 9/22/2023 | |
| 492, 726 | In the Matter of Foster | Correction - in line 1, replace comma after "(1998)" with a period; in line 3 of footnote 3, replace comma after "cert" with a period. | 9/22/2023 | |
| 492, 542 | Commonwealth v. Pond | Correction - in line 4 of Background paragraph, replace "Daniel" with "David". | 8/18/2023 | |
| 492, 410 | Commonwealth v. Bateman | Correction - in last line of first paragraph, replace "the population of the world" with "one billion". | 8/11/2023 | |
| 492, 1002 | Kifor v. Commonwealth (No. 1) | Correction - in case caption after "others" insert "(No. 1)". | 8/11/2023 | |
| 492, 519 | Commonwealth v. Morris | Correction - in line 6 of footnote 4, replace "99'ssignificant" with "99's significant". | 8/4/2023 | |
| 491, 731 | Commonwealth v. Hallinan | Amendment - in line 11 of second paragraph, replace "the Alcotest 9510 device from June 1, 2011, through" with "an Alcotest 9510 device last calibrated and certified prior to". | 7/7/2023 | |
| 491, 743 | Commonwealth v. Hallinan | Amendment - in line 4 of third full paragraph, replace "June 1, 2011, through" with "Alcotest 9510 devices calibrated and certified prior to". | 7/7/2023 | |
| 491, 746 | Commonwealth v. Hallinan | Correction - in line 1 of second full paragraph, replace "trial" with "case". | 7/7/2023 | |
| 491, 748 | Commonwealth v. Hallinan | Amendment - in first full paragraph, in line16, after "plea" insert "or conviction after trial"; in lines 17 and 18, replace "defendant's breath test took place between June 1, 2011, and" with "defendant submitted to a breath test on an Alcotest 9510 device last calibrated and certified prior to". | 7/7/2023 | |
| 491, 753 | Commonwealth v. Hallinan | Amendment - in first full paragraph, before last sentence, insert the following: "See also Commonwealth v. Morgan, 476 Mass. 768, 776 (2017), citing id. ("continuances are limited to first offenses and, once in a lifetime, to those with 'a single like offense . . . [ten] years or more before the date of the commission of the [present] offense'")."; resulting text shift from p. 753 to p. 754. | 7/7/2023 | |
| 491, 755 | Commonwealth v. Hallinan | Amendment - in first full paragraph, in line 1, after "who" insert "were convicted after trial or"; in line 3, replace "from June 1, 2011, through" with "last calibrated and certified prior to"; in line 9, after "device" insert "last calibrated and certified". | 7/7/2023 | |
| 491, 644 | Commonwealth v. Rainey | Amendment - in line 1 of footnote 21, replace "The Commonwealth incorrectly suggests" with "This is not to suggest". | 5/12/2023 | |
| 491, 220 | Commonwealth v. Eagles | Correction - in line 4 of footnote 13, replace "defendant's" with "victim's". | 5/12/2023 | |
| 491, 596 | McCauley v. Superintendent, MCI, Norfolk | Correction - in line 7 of second paragraph, replace "supervisor" with "superintendent". | 4/21/2023 | |
| 491, 351 | Commonwealth v. Kirkland | Correction - in line 7, insert "Springfield police officer Raul" before "Gonzalez". | 3/3/2023 | |
| 491, 352 | Commonwealth v. Kirkland | Correction - in line 8 of the third full paragraph, replace "to" with "of". | 3/3/2023 | |
| 491, 354 | Commonwealth v. Kirkland | Correction - in line 9, replace "unequivocable" with "unequivocal". | 3/3/2023 | |
| 491, 161 | Le Fort Enterprises, Inc. v. Lantern 18, LLC | Correction - in line 6 of the second full paragraph, replace "king-to-be" with "king". | 1/20/2023 | |
| 491, 1006 | In the Matter of Diviacchi | Correction - in line 6 of the first paragraph, replace "fit" with "unfit". | 12/16/2022 | |
| 490, 410 | Cavanagh v. Cavanagh | Amendment - in step (3), replace "determine which order" with "fashion an order which"; replace "determine which order to issue accordingly" with "then fashion the order such that it reflects, or alternatively is responsive to, those considerations"; and delete "pursuant to the calculations in step (2) or otherwise". | 9/9/2022 | |
| 490, 1001 | Tran v. Liberty Mutual Group, Inc. | Amendment - in line 9 of first paragraph, insert "clear" after "no". | 8/5/2022 | |
| 490, 1001-1002 | Tran v. Liberty Mutual Group, Inc. | Amendment - in footnote 2, delete second sentence and following citation that begins "See McMenimen v. Passatempo"; resulting footnote text shift from p. 1002 to p.1001. | 8/5/2022 |
Revisions for Massachusetts Appeals Court Reports
| Volume, Page | Case Name | Description of Revision | Date Revised | |||
|---|---|---|---|---|---|---|
| 103, 1114 | Commonwealth v. Choute | Correction - insert rule 23.0 decision after Adoption of Quindel. | 12/1/2023 | |||
| 102, 1111 | Commonwealth v. Choute | Correction - delete rule 23.0 decision. | 12/1/2023 | |||
| 103, 1109 | Kretsedemas v. Zasoba | Correction - delete rule 23.0 decision. | 11/17/2023 | |||
| 102, 1121 | Fannie Mae v. Branch | Supplement - further appellate review granted, 493 Mass. 1102 (2023). | 11/17/2023 | |||
| 103, 519 | Commonwealth v. Derosier | Correction - in line 1, delete "-White". | 11/10/2023 | |||
| 102, 685 | Cruz v. Commonwealth | Supplement - further appellate review granted, 493 Mass. 1101 (2023). | 10/27/2023 | |||
| 102, 609 | Commonwealth v. Oliver | Supplement - further appellate review granted, 492 Mass. 1105 (2023). | 9/22/2023 | |||
| 102, 586 | Commonwealth v. Scordino | Supplement - further appellate review granted, 492 Mass. 1104 (2023). | 8/11/2023 | |||
| 102, 1116 | Commonwealth v. Bellard | Supplement - further appellate review granted, 492 Mass. 1104 (2023). | 8/11/2023 | |||
| 102, 522 | Bristol Asphalt Co. v. Rochester Bituminous Products, Inc. | Supplement - further appellate review granted, 492 Mass. 1103 (2023). | 7/14/2023 | |||
| 102, 157 | Commonwealth v. Jacques | Supplement - further appellate review granted, 492 Mass. 1103 (2023). | 7/14/2023 | |||
| 102, 1118 | Commonwealth v. Roman | Correction - delete rule 23.0 decision. | 6/9/2023 | |||
| 102, 489 | John Moriarty & Associates, Inc. v. Zurich American Insurance Co. | Correction - in line 8, insert "83-84" in blank line. | 6/2/2023 | |||
| 102, 488-489 | John Moriarty & Associates, Inc. v. Zurich American Insurance Co. | Correction - in last line of page 488 and first line of page 489, replace citation for Berkley National Insurance case with "617 F. Supp. 3d 77, 83 n.3 (D. Mass. 2022)". | 6/2/2023 | |||
| 102, 97 | Furnas v. Cirone | Supplement - further appellate review granted, 492 Mass. 1101 (2023). | 5/19/2023 | |||
| 102, 108 | Commonwealth v. Kalila | Supplement - further appellate review granted, 492 Mass. 1101 (2023). | 5/19/2023 | |||
| 102, 264 | Commonwealth v. Mcfarlane | Supplement - further appellate review granted, 492 Mass. 1101 (2023). | 5/19/2023 | |||
| 102, 393 | Guardianship of C.A. |
Amendment - in line 4 of second paragraph, replace "(Rogers) authorization" with "treatment order"; insert a new footnote 1 following "treatment order" and change footnote reference number for the footnotes that follow; resulting text shift. |
4/28/2023 | |||
| 102, 395 | Guardianship of C.A. | Correction - in line 5, replace "authorized the Rogers" with "he issued a substituted judgment"; in line 15, replace "with Rogers authority," with "and issuance of a substituted judgment treatment order,". | 4/28/2023 | |||
| 102, 398 | Guardianship of C.A. | Correction - in line 12 of third full paragraph, replace "Rogers" with "substituted judgment treatment". | 4/28/2023 | |||
| 102, 400 | Guardianship of C.A. | Amendment - in lines 15 and 16, delete the comma and the rest of the sentence that follows "with Zyprexa" and insert a new footnote 11 at end of that sentence; change footnote reference number for the footnotes that follow; in line 14 of of last paragraph, delete "Rogers"; resulting text shift. | 4/28/2023 | |||
| 102, 401 | Guardianship of C.A. |
Correction - in line 10 of second full paragraph, replace "Rogers guardian with authority to consent to treating" with "guardian and entering the substituted judgment order authorizing treatment of". |
4/28/2023 | |||
| 102, 402 | Guardianship of C.A. | Correction - in lines 1 through 4, delete the text after "approving the" and before "judge furthered" and replace with "substituted judgment treatment plan that, in the event that C.A. refused Zyprexa, authorized continued administration of it. The"; in lines 7 and 8, replace "Permitting the guardian to consent on C.A.'s behalf to" with "Authorizing administration of". | 4/28/2023 | |||
| 102, 403 | Guardianship of C.A. | Correction - in line 8, replace "guardian to consent to continuing" with "continuation of"; in line 17, delete "guardian to consent to the"; in lines 39 and 40, replace text after "only to" and before "petition, with C.A." with the following: "uncontested Rogers reviews and extensions." At issue here was an initial substituted judgment". | 4/28/2023 | |||
| 102, 28 | Cummings Properties, LLC v. Hines | Supplement - further appellate review granted, 491 Mass. 1104 (2023). | 3/31/2023 | |||
| 102, 130-133 | Commonwealth v. Kalila | Amendment - in several places in dissent, alter description of trial court's decision to deny defendant's motion to stay execution. | 2/10/2023 | |||
| 102, 1105 | MHM Correctional Services, Inc. v. Darwin Select Insurance Co. | Amendment - delete Rule 23.0 decision. | 1/27/2023 | |||
| 100, 728 | Burlington Police Department v. Hagopian | Correction - in line 4 of last paragraph, replace "congressperson" with "member of Congress". | 1/27/2023 | |||
| 101, 516 | Adams v. Schneider Electric USA | Supplement - further appellate review granted, 490 Mass. 1108 (2022). | 11/18/2022 | |||
| 101, 1115 | Commonwealth v. Delossantos | Supplement - further appellate review granted, 490 Mass. 1108 (2022). | 11/18/2022 | |||
| 101, 102-108 | Commonwealth v. Salsbury | Correction - insert "(No. 1)" at end of case name. | 10/28/2022 | |||
| 101, 1111 | Commonwealth v. Salsbury | Correction - insert "(No. 2)" at end of case name. | 10/28/2022 | |||
| 101, 278 | Commonwealth v. Desiderio | Supplement - further appellate review granted, 490 Mass. 1107 (2022). | 10/21/2022 | |||
| 101, 32 | Church of the Holy Spirit of Wayland v. Heinrich | Supplement - further appellate review granted, 490 Mass. 1105 (2022). | 9/30/2022 | |||
| 101, 150 | Huang v. RE/MAX Leading Edge | Supplement - further appellate review granted, 490 Mass. 1106 (2022). | 9/30/2022 | |||
| 101, 439 | Commonwealth v. Rodriguez | Amendment - in line 9 of first paragraph insert "was not substantially" before "outweighed" and insert "by" after "outweighed". | 8/5/2022 | |||
| 101, 446-447 | Commonwealth v. Rodriguez | Amendment - on p. 446, in line 2 insert "was not substantially" after "value"; in line 3 insert "by" after "outweighed"; in line 14 insert "was not substantially" after "evidence"; in line 15 insert "by" after "outweighed"; resulting text shift from p. 446 to p. 447. | 8/5/2022 | |||
| 101, 447 | Commonwealth v. Rodriguez | Amendment - in line 3 of second full paragraph insert "substantially" after "epithet". | 8/5/2022 | |||
| 101, 451 | Commonwealth v. Rodriguez | Amendment - in line 1 of first paragraph delete "far" and replace with "substantially"; in line 3 of fourth paragraph insert "substantially" after "ordinarily". | 8/5/2022 | |||
| 101, 452 | Commonwealth v. Rodriguez | Amendment - in line 13 of first paragraph insert "substantially" after "not"; in line 7 of second paragraph delete "far" and replace with "substantially". | 8/5/2022 | |||
| 101, 453 | Commonwealth v. Rodriguez | Amendment - in line 10 insert "substantially" after "epithet". | 8/5/2022 |