Opinion revisions

Corrections to published opinions will be noted below.

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
  489, 658 Commonwealth v. Duke Correction - replace "most" with "must" in line 2 of last paragraph. 5/20/2022
  489, 660 Commonwealth v. Duke Correction - replace "wanton and reckless" with "wanton or reckless" in last sentence of first full paragraph. 5/20/2022
  489, 79 In the Matter of Expungement Amendment - in footnote 5, in line 1 delete "also"; in line 2 delete remaining text in sentence after "Legislature" and replace with "altered the threshold eligibility language in G. L. c. 276, § 100G (a)". 4/29/2022
  489, 79-80 In the Matter of Expungement Amendment - in footnote 5, in lines 3 and 4 delete text after "modified" and before "more" and replace with "that subsection to exclude otherwise eligible petitioners with"; in lines 6 and 7 delete remaining text in sentence after "amendment," and replace with "that subsection provided simply that "[a] petitioner who has a record of conviction" could seek time-based expungement". 4/29/2022
  489, 512 Baxter v. Commonwealth Amendment - in Conclusion, in line 6 replace "Accordingly" with "Therefore"; in line 7 replace "reversed" with "vacated and set aside". 4/29/2022
  489, 512-513 Baxter v. Commonwealth Amendment - in last sentence of Conclusion delete text after "remanded" and before "on" and replace with "for entry of a judgment of not guilty on the indictment charging murder, and for such further proceedings as are necessary". 4/29/2022
  489, 355 Commonwealth v. Daveiga Amendment - delete text after "Court" in final line. 4/15/2022
  489, 266 Commonwealth v. Ng Amendment - deletion of footnote 15 in first paragraph; resulting text shift and footnote text shift from p. 267 to p. 266. 4/1/2022
  489, 267 Commonwealth v. Ng Amendment - renumbering of original footnote 16 as footnote 15. 4/1/2022
  489, 224 Commonwealth v. Santana Amendment - addition of new footnote 12 at end of first paragraph; renumbering of original footnote 12 as footnote 13; resulting text shift and footnote text shift from p. 224 to p. 225. 3/25/2022
  489, 190-191 City Council of Springfield v. Mayor of Springfield Correction - replace "on the Attorney General's" in line 5 of footnote 6 with "in a collection of city and town ordinances or bylaws compiled by the Trial Court Law Libraries and available on the Commonwealth's official"; replace "have been provided to the Attorney General" in footnote 6 with "are available on the Commonwealth's official website"; resulting text shift from p. 191 to p. 194. 3/4/2022
  488, 1016 Bostwick v. 44 Chestnut Street, Wakefield, Mass. Amendment - delete catchword, Judicial Immunity. 1/21/2022
  488, 1017 Bostwick v. 44 Chestnut Street, Wakefield, Mass. Amendment - delete text in fourth full paragraph beginning with "In applying this principle" in line 5 through end of line 23; resulting in text shift from p. 1018 to 1017. 1/21/2022
  488, 1018 Bostwick v. 44 Chestnut Street, Wakefield, Mass. Amendment - delete lines 1 and 2; delete entire first full paragraph including footnote 4; in second full paragraph, delete text after "the plaintiff," in line 1 and up to "the Superior Court judge" in line 11; replace "these allegations" with "the complaint" in line 12, and add new footnote 4 at end of this paragraph; resulting in text shift from p. 1019 to p. 1018. 1/21/2022
  488, 1015 Lieber v. President and Fellows of Harvard College Amendment - insert "(No. 1)" after "another" in case caption in line 2. 1/21/2022
  488, 741 Commonwealth v. Sweeting-Bailey Amendment - sentence inserted at end of footnote 1. 1/7/2022
  488, 742 Commonwealth v. Sweeting-Bailey Correction - defendant's name deleted in first sentence. 1/7/2022
  488, 747 Commonwealth v. Sweeting-Bailey Amendment - in footnote 7, replace "in his brief and Justice Gaziano in his dissent make" with "makes" in first sentence and delete "See post at 771-776." after first sentence. 1/7/2022
  488, 749 Commonwealth v. Sweeting-Bailey Correction - replace "the defendant's" with "Paris's" in line 5 of footnote 8. 1/7/2022
  488, 597 Commonwealth v. Jacobs Correction - replace "eighteen" with "seventeen" in line 3 of first paragraph. 11/12/2021
  488, 149 Matter of P.R. Correction - replace Conclusion sentence with "The order of commitment must be vacated and set aside.  The case is remanded to the Boston Municipal Court for entry of an order consistent with this opinion." 10/22/2021
  488, 422

Commonwealth v. Rintala

Amendment - insert "(Melissa Ramos also present)" in counsel listing. 10/22/2021
  487, 410 & 420 Rosenberg v. JPMorgan Chase & Co. Correction - replace "actions" with "action" in last sentence of footnote 14 on page 410, and in last sentence of block quotation on page 420. 5/21/2021
  487, 211 Commonwealth v. Ulani U., a juvenile Amendment - addition of footnote 7 in line 13 of first paragraph. 4/23/2021
  486, 846 Commonwealth v. Colas Correction - replace "aside" with "aside, and judgment shall enter for the defendant on the indictment charging armed assault with intent to murder" in line 3 of the Conclusion paragraph. 4/23/2021
  486, 608 Dinkins v. Massachusetts Parole Board Correction - replace "regulation" with "statute" in line 6 of first partial paragraph. 1/29/2021
  486, 363 Commonwealth v. Boger Amendment - in Conclusion paragraph, replace "§ 32J violation" with "violation of G. L. c. 94C, § 32J,"; replace "judgment shall enter for the defendant" with "the matter is remanded to the District Court for entry of judgment of not guilty on that charge." 1/29/2021
  486, 587 Commonwealth v. Snow Correction - replace "he did want not" with "he did not want" in line 3 of second full paragraph. 1/22/2021
  486, 484 Commonwealth v. Taylor Correction - change "posed" to "poised" in line 6 of first paragraph. 1/15/2021
  486, 544 Rahim v. District Attorney for the Suffolk District Amendment - insert "(Tristan P. Colangelo also present)" in counsel listing. 1/15/2021
  486, 69 Commonwealth v. Johnson Amendment - addition of a citation in first full paragraph; resulting footnote text shift from p. 69 to p. 70; resulting text shift from p. 70 to p. 71. 1/1/2021
  486, 343 Garcia v. Commonwealth Correction - replace "sentence" with "severance" in first full paragraph. 12/25/2020
  486, 219 Commonwealth v. Bohigian Correction - change quotation and citation in second sentence of first full paragraph; revise last sentence of first full paragraph. 12/11/2020
  486, 46 De Prins v. Michaeles Correction - correct spelling of "MacMackin." 11/13/2020
  486, 69 Commonwealth v. Johnson Correction - change "eighteen" to "seventeen" in first full paragraph.  10/30/2020

Revisions for Massachusetts Appeals Court Reports

  Volume, Page Case Name Description of Revision Date Revised
  100, 1122 Commonwealth v. Narvaez Supplement - further appellate review granted, 489 Mass. 1105 (2022). 4/29/2022
  100, 1124 Doe, SORB No. 6729 v. Sex Offender Registry Board Supplement - further appellate review granted, 489 Mass. 1105 (2022). 4/29/2022
  100, 321 Lacy v. Coughlin Supplement - further appellate review granted, 489 Mass. 1104 (2022). 3/25/2022
  100, 150 Commonwealth v. Ralph R., a juvenile Supplement - further appellate review granted, 489 Mass. 1104 (2022). 3/25/2022
  100, 222 Commonwealth v. Privette Supplement - further appellate review granted, 489 Mass. 1102 (2022). 2/18/2022
  100, 1102 Williams v. Board of Appeals of Norwell Supplement - further appellate review granted, 489 Mass. 1102 (2022). 1/28/2022
  100, 359 Kettle Brook Lofts, LLC v. Specht Correction - replace "consolidated" with "companion" and replace "were not subordinate" with "had not been subordinated".  12/10/2021
  100, 360 Kettle Brook Lofts, LLC v. Specht Amendment - replace "are not subordinate to the master deed as to" with "continue to encumber". 12/10/2021
  100, 371 Kettle Brook Lofts, LLC v. Specht Amendment - replace "never released" with "did not release", replace "a priority interest" with "mortgage interests", and replace "their associated" with "in those units' undivided percentage interest in the condominium's". 12/10/2021
  100, 373 Kettle Brook Lofts, LLC v. Specht Correction - replace "never released" with "did not release". 12/10/2021
  100, 374 Kettle Brook Lofts, LLC v. Specht Amendment - replace "never released" with "did not release", replace "they still have a mortgage interest in" with "the mortgages continue to encumber", delete "in", replace "rights are not subordinate" with "rights, having never been released, have not been subordinated", replace "these" with "the portion of the mortgaged property that has not been released - the", replace end of last sentence of paragraph before conclusion with new language, and replace end of last sentence in second paragraph of conclusion with new language and insert new sentence; resulting in text shift.  12/10/2021
  99, 606 Demeris v. Foxborough Amendment - replace "before turning sixty-six" with "by the end of the month in which they attain age sixty-five." 12/3/2021
  99, 608 Demeris v. Foxborough Amendment - language inserted at end of footnote 13. 12/3/2021
  100, 1112 Oxford v. Blondin Amendment - order withdrawn. 12/3/2021
  99, 809 Commonwealth v. Gebo Supplement - further appellate review granted, 488 Mass. 1106 (2021). 11/26/2021
  99, 417 HSBC Bank USA, N.A. v. Morris Supplement - further appellate review granted, 488 Mass. 1104 (2021). 11/5/2021
  100, 1108 Commonwealth v. Lewis Amendment - replace "Judgment reversed.  Verdict set aside.  Judgment for defendant." with "The judgment is reversed, the verdict is set aside, and the case is remanded to the District Court for entry of a judgment of not guilty." 10/15/2021
  99, 275 Commonwealth v. DeJesus Supplement - further appellate review granted, 488 Mass. 1103 (2021). 9/24/2021
  99, 216

Commonwealth v. Karen K., a juvenile

Supplement - further appellate review granted, 488 Mass. 1103 (2021). 9/24/2021
  99, 435 Commonwealth v. Costa Supplement - further appellate review granted, 488 Mass. 1101 (2021). 8/13/2021
  99, 571, 573 15 LaGrange Street Corp. v. Massachusetts Commission Against Discrimination

Correction - insert ", without notice and the opportunity to be heard," in line 9 on page 571.

Amendment - edits to conclusion paragraph; insert new final paragraph concerning attorney's fees.

6/25/2021
  99, 95 Meehan v. Medical Information Technology, Inc. Supplement - further appellate review granted, 487 Mass. 1105 (2021). 5/21/2021
  99, 1119 Commonwealth v. Henriquez Correction - replace "reversed, the verdict is set aside, and judgment shall enter for the defendant on that indictment" with "vacated and the verdict is set aside" in lines 2 and 3. 4/30/2021
  99, 1104 Commonwealth v. Garner Supplement - further appellate review granted, 487 Mass. 1103 (2021). 4/30/2021
  99, 1118 Allera v. Huntington Wood Condominium Trust Correction - replace "is reversed" with "as required by section 6.46 of the bylaws is reversed, and the case is remanded for a determination of whether the program violated that provision." 4/16/2021
  98, 862 Commonwealth v. Sweeting-Bailey Supplement - further appellate review granted, 487 Mass. 1101 (2021). 3/19/2021
  99, 1109 Brewster v. Zoning Board of Appeals of Lincoln Correction - replace "Michael F. Brewster" with "Windrock Trust Company, LLC." 3/5/2021
  99, 1102 Commonwealth v. Teixeira Amendment - change disposition of case. 2/5/2021
  99, 88 Commonwealth v. Seesangrit Correction - replace "rape" with "assault" in second to last line of last paragraph. 2/5/2021
  98, 1110 Commonwealth v. Harris Supplement - further appellate review granted, 486 Mass. 1111 (2020). 1/8/2021
  98, 229 Commonwealth v. Henry Supplement - further appellate review granted, 486 Mass. 1108 (2020). 1/8/2021
  98, 1117 Commonwealth v. Bethune Correction - delete "Judgments affirmed"; insert footnote. 12/21/2020
  98, 732 Commonwealth v. Martin Correction - delete "on a public way" in footnote 9; addition of a citation in footnote 9. 12/4/2020
  98, 1117 Commonwealth v. Bethune  Correction - insert "Judgments affirmed."   12/4/2020
  98, 69 Hovagimian v. Concert Blue Hill, LLC Supplement - further appellate review granted, 486 Mass. 1107. 12/4/2020
  98, 1105 Commonwealth v. Donald Supplement - further appellate review granted, 486 Mass. 1107. 12/4/2020
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