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.
| Volume, Page | Case Name | Description of Revision | Date Revised |
|---|---|---|---|
| 496, 1005 | White v. Commonwealth | Amendment - in first sentence of third full paragraph, replace "did change, in 1979." with "has changed since the time of his direct appeal." | 7/3/2025 |
| 496, 1005 | White v. Commonwealth | Amendment - in third full paragraph, replace third sentence with the following: However, the rule announced in Moore was prospective in nature. See id. This court has since recognized that "[a]bsent security concerns, confining a defendant to a prisoner's dock violates that defendant's due process rights," Commonwealth v. Wilson, 443 Mass. 122, 135 (2004), citing Moore v. Ponte, 186 F.3d 26, 36 (1st Cir.), cert. denied, 528 U.S. 1053 (1999). The parties dispute whether White is entitled to the benefit of this more recent rule. But we need not reach that issue here. | 7/3/2025 |
| 495, 466 | Commonwealth v. Marquis | Amendment - at end of last sentence of first full paragraph, delete the following: Compare G. L. c. 209A, § 3B, with G. L. c. 209A, § 5A (affording full faith and credit to protection orders issued in other jurisdictions, but conditioning enforcement on protected party’s filing certified copy of order in Superior Court or Boston Municipal Court along with sworn affidavit asserting that order is presently in effect as written). | 4/11/2025 |
| 495, 468 | Commonwealth v. Marquis | Correction - in line ten of first paragraph, replace "stand" with "stands". | 4/11/2025 |
| 495, 464-469 | Commonwealth v. Marquis | Text shifting resulting from Amendment to p. 466. | 4/11/2025 |
| 495, 552 | Commonwealth v. Crowder | Correction - in first line of second headnote, replace "Superior" with "District". | 4/11/2025 |
| 495, 572 | Commonwealth v. Crowder | Correction - in last line in Conclusion, replace "Superior" with "District". | 4/11/2025 |
| 495, 444 | Commonwealth v. Marquis | Amendment - at end of footnote 9, insert new sentence: "This repeal occurred after G. L. c. 140, § 131F, was amended on August 10, 2022. See St. 2022, c. 175, §§ 17B-22." | 3/21/2025 |
| 495, 444 | Commonwealth v. Marquis | Amendment - at end of third full paragraph, insert new footnote 9 and change footnote reference numbers for the footnotes that follow: 9We note that G. L. c. 140, § 131G, was repealed effective October 2, 2024. | 3/14/2025 |
| 495, 463 | Commonwealth v. Marquis | Amendment - on page 463, delete entire first full paragraph, beginning "Finally". | 3/14/2025 |
| 495, 284 | Commonwealth v. Vasquez | Correction - in lines 5 and 6 of footnote 8, replace "was updated after" with "is derived from". | 2/7/2025 |
| 494, 1017 | In the Matter of Murray | Amendment - at end of footnote 2, insert new sentence: "To the extent that the papers filed by the petitioner might be read as requesting a provisional license to practice in the United States Supreme Court, this court does not have the power to grant such a request." | 7/5/2024 |
| 494, 4 | Mack v. District Attorney for the Bristol District | Amendment - in line 8, replace "the plaintiff (his twin brother)" with "his twin brother". | 6/14/2024 |
| 494, 19 | Mack v. District Attorney for the Bristol District | Amendment - delete text in footnote 16 and replace with: "The plaintiff has requested an award of appellate attorney's fees and costs in his brief. The plaintiff was previously awarded his attorney's fees and costs in the Superior Court in accordance with G. L. c. 66, § 10A (d) (2). "Where a statute provides for the payment of reasonable attorney's fees, an award of attorney's fees on appeal is within the discretion of an appellate court." Twin Fires Inv., LLC v. Morgan Stanely Dean Witter & Co., 445 Mass. 411, 432 (2005). The plaintiff may file an appropriate application for appellate fees and costs in this court for all claims he is ultimately successful on, pursuant to the procedure established by Fabre v. Walton, 441 Mass. 9, 10-11 (2004)." | 6/14/2024 |
| 494, 19-22 | Mack v. District Attorney for the Bristol District | Text shifting resulting from Amendment to footnote 16. | 6/14/2024 |
| 493, 197 | Commonwealth v. Barlow-Tucker | Amendment - in lines fifteen and sixteen of second headnote, replace "did not create a substantial risk of a miscarriage of justice" with "probably did not make a difference in the decision to indict". | 4/12/2024 |
| 493, 198 | Commonwealth v. Barlow-Tucker | Amendment - in last line of second headnote, replace "did not create a substantial risk of a miscarriage of justice" with "probably did not have an impact on the decision to indict". | 4/12/2024 |
| 493, 209 | Commonwealth v. Barlow-Tucker | Amendment - in fourth full paragraph, in first sentence, replace "demonstrate" with "constitute". | 4/12/2024 |
| 493, 210 | Commonwealth v. Barlow-Tucker | Amendment - in first full paragraph, in last sentence, after "evidence" insert "probably". | 4/12/2024 |
| 493, 211 | Commonwealth v. Barlow-Tucker | Amendment - in line 6, delete "material". | 4/12/2024 |
| 493, 211 | Commonwealth v. Barlow-Tucker | Amendment - in line 7, after "not" insert "material to". | 4/12/2024 |
| 493, 211 | Commonwealth v. Barlow-Tucker | Amendment - in first full paragraph, delete the following: Because this alleged flaw was not "seasonably asserted" at the trial court level, it is waived, and we review to determine whether there was error and, if so, whether a substantial risk of a miscarriage of justice resulted. See Mayfield, 398 Mass. at 622 n.4; Commonwealth v. Gant, 51 Mass. App. Ct. 314, 320-321 (2001). "A substantial risk of a miscarriage of justice exists when we have a serious doubt whether the result . . . might have been different had the error not been made" (quotation and citation omitted). Commonwealth v. Curran, 488 Mass. 792, 794 (2021). | 4/12/2024 |
| 493, 211 | Commonwealth v. Barlow-Tucker | Amendment - at beginning of second full paragraph insert "More specifically," and move all of second full paragraph back to merge with previous paragraph. | 4/12/2024 |
| 493, 212 | Commonwealth v. Barlow-Tucker | Amendment - at end of paragraph continued from p. 211, replace "the evidence probably did not influence the grand jury's decision to indict. Therefore we discern no substantial risk of a miscarriage of justice. See" with the following: we conclude that the defendants have not shown that this evidence "probably made a difference" in the grand jury's decision to indict. | 4/12/2024 |
| 493, 212 | Commonwealth v. Barlow-Tucker | Amendment - in first full paragraph, delete last sentence, footnote 9, and citations. | 4/12/2024 |
| 493, 212 | Commonwealth v. Barlow-Tucker | Amendment - in paragraph continuing from p. 212 to p. 213, at end of first sentence, insert new footnote 9: 9For the same reasons we set forth rejecting Matthew's arguments, supra, we reject Cassandra's arguments about the impact of the financial records, the blog posts, Darlene's statement, and the failure to highlight positive statements from the social workers; rather, when viewed in the context of the entire proceeding, neither defendant has established that these materials probably influenced the grand jury's decision to indict. | 4/12/2024 |
| 493, 213 | Commonwealth v. Barlow-Tucker | Amendment - in first full paragraph, in second sentence, replace "arrangement of who would take the child to the appointments was" with "determination of who would take the child to the appointments was made on". | 4/12/2024 |
| 493, 215 | Commonwealth v. Barlow-Tucker | Amendment - in first full paragraph, replace last three sentences and citation with the following: The evidence was not presented for the purpose of an indictment, nor do we conclude -- in view of all of the evidence presented against the Tuckers -- that the statement probably had an impact on the grand jury's decision to indict. Therefore, Cassandra has failed to meet the "heavy burden" imposed by Mayfield. See Mathews, 450 Mass. at 876. | 4/12/2024 |
| 493, 211-215 | Commonwealth v. Barlow-Tucker | Text shifting resulting from Amendments. | 4/12/2024 |
| 493, 236 | Commonwealth v. Mattis | Amendment - replace portion of first full paragraph that is above block quotation with the following: Because the Legislature does not currently provide a parole eligibility scheme for this category of offenders, "it is reasonable to conclude that the Legislature would impose the next most severe penalty provided in its sentencing scheme on defendants convicted of the most severe crime in that scheme." See Commonwealth v. Brown, 466 Mass. 676, 682 (2013); Watt, 484 Mass. at 753-754, citing Diatchenko I, 466 Mass. at 672-673. Here, that means applying G. L. c. 279, § 24, as amended through St. 2014, c. 189, § 6, which sets parole eligibility for juvenile offenders who have committed murder in the first degree as follows: | 3/22/2024 |
| 493, 237 | Commonwealth v. Mattis | Amendment - replace first full paragraph with the following: This version of § 24, which the Legislature amended together with G. L. c. 265, § 2, in response to our decision in Diatchenko I, went into effect on July 25, 2014, and thus now applies to those emerging adult offenders who committed murder in the first degree on or after that date. Those who committed their offense prior to July 25, 2014, are eligible for parole based on the next most severe penalty that was applicable on the date of the offense. Specifically, those who committed their offense between August 2, 2012, and July 24, 2014, are entitled to parole eligibility after serving between fifteen and twenty-five years in prison. See G. L. c. 279, § 24, as amended through St. 2012, c. 192, § 46. And those who committed their offense prior to August 2, 2012, are entitled to parole eligibility after serving fifteen years in prison. See Brown, 466 Mass. at 689, n.10; Diatchenko I, 466 Mass. at 673. This includes the defendant, who committed his offense in 2011. Those emerging adult offenders who, as a result of their date of offense, attain parole eligibility after a fixed term of years shall have their sentence so reflect.33 Those who committed their offense prior to August 2, 2012, shall be eligible for parole after serving fifteen years of their prison sentence. Those who committed their offense on or after July 25, 2014, and were convicted on a theory of extreme atrocity or cruelty, shall be eligible for parole after serving thirty years. Any such offender who has served the requisite number of years and therefore is currently eligible for parole may apply to the Massachusetts parole board for a hearing. See Diatchenko I, 466 Mass. at 673-674. Those defendants whose parole eligibility date is discretionary may request a hearing to have the date set within the date ranges discussed supra. | 3/22/2024 |
| 493, 237 | Commonwealth v. Mattis | Amendment - insert new footnote 33: 33Those who committed their offense prior to August 2, 2012, shall be eligible for parole after serving fifteen years of their prison sentence. Those who committed their offense on or after July 25, 2014, and were convicted on a theory of extreme atrocity or cruelty, shall be eligible for parole after serving thirty years. | 3/22/2024 |
| 493, 237 | Commonwealth v. Mattis | Amendment - in Conclusion, replace sentence with the following: We remand this matter to the Superior Court to take such further action as is necessary and appropriate, consistent with this opinion. | 3/22/2024 |
| 493, 236-302 | Commonwealth v. Mattis | Text shifting resulting from Amendments. | 3/22/2024 |
| 493, 222 | Commonwealth v. Mattis | Correction - in footnote 12, replace Post at 272-276 with Post at 274-277. | 3/22/2024 |
| 493, 242 | Commonwealth v. Mattis | Correction - in second full paragraph, replace post at 256-257, 261-263 with post at 257, 262-263; replace post at 280-281 with post at 281-282. | 3/22/2024 |
| 493, 243 | Commonwealth v. Mattis | Correction - in second full paragraph, replace post at 256-257, 261-263 with post at 257, 262-263; replace post at 280-281 with post at 281-282; in footnote 6, replace Post at 285-286 with Post at 285-287. | 3/22/2024 |
| 493, 295 | Commonwealth v. Mattis | Correction - in line 4, replace ante at 240 with ante at 240-241. | 3/22/2024 |
| 493, 321 | Commonwealth v. Robinson | Amendment - in Conclusion, replace last sentence with the following: The defendant's conviction of murder in the first degree is affirmed, and the matter is remanded to the Superior Court to take such further action as is necessary and appropriate, consistent with our decision in Mattis, 493 Mass. at 235-237. | 3/22/2024 |
| 493, 1001 | Matter of an Impounded Case | Correction - insert "(No. 1)" after "In the Matter of an Impounded Case". | 2/16/2024 |
| 492, 691-692 | Matter of the Estate of Jablonski | Amendments - in second full paragraph, insert "would have" between "trust" and "terminated" (two times); delete "On termination of a trust pursuant to G. L. c. 203E...or control of the trustees at the time of the trust's termination." and replace with "The trust, however, was not operative at the time of Theresa's death.". | 1/5/2024 |
| 492, 692 | Matter of the Estate of Jablonski | Correction - in first full paragraph, replace semicolon after "Brisk" with a comma. | 1/5/2024 |
| 492, 693 | Matter of the Estate of Jablonski | Amendments - in second full paragraph, italicize "designate a charity"; insert after sentence ending "charity was named." the following new sentence: "Rather, the trust states that the trustees shall have the 'power and authority to designate a charity to receive the remainder for any and all such funds that shall be in [the trustees'] possession, custody or control' (emphasis added).". | 1/5/2024 |
| 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 Reports
Revisions for Massachusetts Appeals Court Reports
| Volume, Page | Case Name | Description of Revision | Date Revised |
|---|---|---|---|
| 105, 1123 | Allegaert v. Harbor View Hotel Owner, LLC | Supplement - further appellate review granted, 496 Mass. 1103 (2025). | 7/18/2025 |
| 105, 174 | Sabatini v. Knouse | Supplement - further appellate review granted, 496 Mass. 1103 (2025). | 6/13/2025 |
| 105, 193 | Commonwealth v. Demos D., a juvenile | Supplement - further appellate review granted, 496 Mass. 1102 (2025). | 6/13/2025 |
| 104, 642 | Commonwealth v. McCaffrey | Supplement - further appellate review granted, 495 Mass. 1107 (2025). | 3/28/2025 |
| 105, 83 | DosSantos v. Beth Israel Deaconess Hospital-Milton, Inc. | Supplement - further appellate review granted, 495 Mass. 1107 (2025). | 3/28/2025 |
| 105, 156 | Pierce, petitioner | Supplement - further appellate review granted, 495 Mass. 1107 (2025). | 3/28/2025 |
| 105, 231 | Commonwealth v. Buchannon | Correction - in line 2 of final paragraph, replace "vindicative" with "vindictive". | 2/28/2025 |
| 104, 1123 | Stone v. Zoning Board of Appeals of Northborough | Supplement - further appellate review granted, 495 Mass. 1106 (2025). | 2/28/2025 |
| 104, 578 | Commonwealth v. Carino | Supplement - further appellate review granted, 495 Mass. 1106 (2025). | 2/28/2025 |
| 105, 1104 | J.H. v. N. F. | Amendment - replace "two years from January 20, 2023, and to schedule a further hearing for January 20, 2025, with notice to both parties" with "the later of (1) two years from January 20, 2023; or (2) the earliest date that the District Court is able to conduct a hearing on remand, after notice to both parties, regarding any further extension". | 1/31/2025 |
| 104, 558 | Commonwealth v. Wurtzberger | Supplement - further appellate review granted, 495 Mass. 1106 (2025). | 1/31/2025 |
| 104, 831 | Town of Concord v. Rasmussen | Supplement - further appellate review granted, 495 Mass. 1104 (2025). | 1/31/2025 |
| 104, 1117 | Commonwealth v. Santana | Supplement - further appellate review granted, 495 Mass. 1104 (2025). | 1/31/2025 |
| 104, 596-605 | Commonwealth v. Francis | Amendment - replace text beginning with "descriptions" in line 2 of last paragraph on p. 596 through "braided hair." in first line on p. 597, with "several different descriptions of potential shooters broadcast over police radio, including a description of a Black man with braids wearing a red jacket or hooded sweatshirt, and an alternative description of a Black man with a beard wearing a black, "North Face style" jacket. Officers Matthew Ross and Matthew Becker, who were "looking for multiple suspects . . . with any of those descriptions," heard another broadcast stating that "there were possible suspects heading in the direction away from the scene towards Blue Hill Ave[nue]." Ross and Becker drove down Blue Hill Avenue in the direction of West Cottage Street, then turned left onto Woodville Street. On Woodville Street, they saw three Black men (Markeese Skinner, Amir Richardson, and the defendant) approaching the intersection of Woodville Street and Dennis Street. One (Skinner) had a beard and was wearing a black "North Face style" jacket, and another (Richardson) was wearing an untucked light blue shirt that looked "disheveled," and he had braided hair."; resulting text shift from p. 596 through p. 605. | 12/13/2024 |
| 104, 597 | Commonwealth v. Francis | Amendment - in line 5, insert after second comma "told the officers and"; in line 9, replace "car," with "SUV,"; in lines 12 through 14, replace "a black GMC Terrain, parked on Dennis Street, and looked through its windows. He" with "the SUV identified by the workers, a black GMC Terrain. Ross looked through its windows and". | 12/13/2024 |
| 104, 599-600 | Commonwealth v. Francis | Amendment - replace text beginning with "the man" in the fifth line in the final paragraph on p. 599 through "three men" in line 2 on p. 600 with "more than one man was potentially involved in the shooting and seen fleeing the scene in the direction of Blue Hill Avenue. The officers were looking for a group of "multiple suspects"". | 12/13/2024 |
| 104, 600 | Commonwealth v. Francis | Amendment - in lines 9-10, replace "one of the men appeared to match the description of the suspected shooter," with "two of the men appeared to match the descriptions of possible suspects involved in the shooting,"; in line 14, replace "other three men" with "three men who entered 9 Woodville Street"; in line 18, after "that" insert "at least"; in line 31, replace "the three men" with "multiple suspects"; in lines 36 and 37, replace "matching the description of the vehicle in which the suspects were" with "containing a red sweatshirt matching the description of clothing worn by one of the suspects". | 12/13/2024 |
| 105, 48 | Commonwealth v. Encarnacion | Amendment - in line 4, replace "reverse" with "vacate". | 12/6/2024 |
| 105, 55-59 | Commonwealth v. Encarnacion | Amendment - on p. 55, in last line of the last full paragraph, delete "vacated." and insert "vacated, and the verdict set aside. See Commonwealth v. Vasquez, 456 Mass. 350, 368 (2010) (remedy for confrontation clause error is vacating conviction with option to retry, not entry of judgment for defendant). See also Commonwealth v. Wooden, 103 Mass. App. Ct. 677, 684 (2024) (conviction of carrying firearm without license vacated with "Commonwealth remaining free to retry the defendant if it so chooses")."; resulting text shift from p. 55 through p. 59. | 12/6/2024 |
| 105, 59 | Commonwealth v. Encarnacion | Amendment - in the paragraph preceding the Conclusion paragraph, in line 6 insert a comma after "produced"; in the Conclusion paragraph, in line 2 insert a comma after "§ 10 (a)", in line 3 insert a comma after "§ 10 (n)", in lines 4 and 5 replace "reversed, the verdict is set aside, and judgment is to enter for the defendant" with "vacated, and the verdict is set aside". | 12/6/2024 |
| 104, 419 | Arrowood Indemnity Company v. Workers' Compensation Trust Fund | Supplement - further appellate review granted, 495 Mass. 1101 (2024). | 11/29/2024 |
| 104, 802 | Commonwealth v. Belnavis | Correction - in line 2, insert "forgoing" after "for". | 10/25/2024 |
| 104, 256 | H1 Lincoln, Inc. v. South Washington Street, LLC | Supplement - further appellate review granted, 494 Mass. 1106 (2024). | 9/20/2024 |
| 104, 203 | City of Newton v. Commonwealth Employment Relations Board | Supplement - further appellate review granted, 494 Mass. 1106 (2024). | 9/20/2024 |
| 104, 161 | Commonwealth v. Garafalo | Supplement - further appellate review granted, 494 Mass. 1106 (2024). | 9/20/2024 |
| 104, 148 | Commonwealth v. Njuguna | Supplement - further appellate review granted, 494 Mass. 1106 (2024). | 9/20/2024 |
| 104, 495 | FTI, LLC v. Duffy | Amendment - in footnote 25, delete all text following "aiding and abetting" and replace with "so that, if it is determined that the individual defendants were constructively discharged, the judge may consider and address in the first instance how that determination affects FTI’s aiding and abetting claim". | 9/6/2024 |
| 103, 1117 | Bellmar v. Moore | Supplement - further appellate review granted, 494 Mass. 1104 (2024). | 8/16/2024 |
| 104, 362 | Downey v. Johnson | Correction - in footnote 3, replace "inference" with "interference". | 7/19/2024 |
| 103, 822 | Theisz v. Massachusetts Bay Transportation Authority | Supplement - further appellate review granted, 494 Mass. 1103 (2024). | 7/12/2024 |
| 104, 261 | H1 Lincoln, Inc. v. South Washington Street, LLC | Amendment - in footnote 7, in first sentence replace "an issue not noted on the civil docketing statement is automatically waived" with "the failure to note the issue of prejudgment interest on the civil docketing statement is what resulted in the waiver"; delete third sentence. | 6/14/2024 |
| 103, 614 | Commonwealth v. Manolo M., a juvenile | Supplement - further appellate review granted, 494 Mass. 1101 (2024). | 5/31/2024 |
| 103, 1121 | Commonwealth v. Cruz | Supplement - further appellate review granted, 493 Mass. 1108 (2024). | 4/26/2024 |
| 103, 1118 | Commonwealth v. Montgomery | Supplement - further appellate review granted, 493 Mass. 1108 (2024). | 4/26/2024 |
| 103, 1114 | Commonwealth v. Vasquez | Supplement - further appellate review granted, 493 Mass. 1107 (2024). | 4/5/2024 |
| 103, 291 | Johnson v. Settino | Supplement - further appellate review granted, 493 Mass. 1106 (2024). | 3/1/2024 |
| 103, 469 | Commonwealth v. Du | Supplement - further appellate review granted, 493 Mass. 1106 (2024). | 3/1/2024 |
| 103, 1102 | Mackie v. Joss | Supplement - further appellate review granted, 493 Mass. 1106 (2024). | 3/1/2024 |
| 103, 1102 | Mackie v. Rouse-Weir | Supplement - further appellate review granted, 493 Mass. 1106 (2024). | 3/1/2024 |
| 103, 1108 | Commonwealth v. Torres | Supplement - further appellate review granted, 493 Mass. 1106 (2024). | 3/1/2024 |
| 103, 657 | Commonwealth v. White | Amendment - in line 7 of first full paragraph, replace "that he was a child molester" with "an offensive allegation against him". | 2/2/2024 |
| 103, 1103 | Commonwealth v. Hinds | Supplement - further appellate review granted, 493 Mass. 1105 (2024). | 1/26/2024 |
| 102, 831 | Commonwealth v. Mitchell | Supplement - further appellate review granted, 493 Mass. 1104 (2023). | 12/29/2023 |
| 103, 263 | Commonwealth v. Morrison | Supplement - further appellate review granted, 493 Mass. 1104 (2023). | 12/29/2023 |
| 103, 319 | Commonwealth v. Russo | Supplement - further appellate review granted, 493 Mass. 1104 (2023). | 12/29/2023 |
| 102, 1110 | Commonwealth v. Gomez | Correction - delete rule 23.0 decision. | 12/8/2023 |
| 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 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 |