7 results for 'judge:"Wolohojian"'.
J. Wolohojian affirms an adjudication of delinquency and an order allowing a motion to continue sentencing until after the defendant turns 18, in a case where the 17-year-old defendant assaulted and battered his intimate partner. The three-week period before the defendant’s 18th birthday is not enough time for the defendant to be given adequate rehabilitation in the form of intimate partner abuse prevention. Furthermore, a new rule can be retroactively applied to a pending case on direct appeal when the rule is announced. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: January 19, 2024, Case #: 21-P-1113, Categories: Juvenile Law, Assault, Battery
J. Wolohojian affirms an order dismissing the petition and striking the objections of a man challenging the appointment of an estate’s personal representative. The man does not have standing to challenge the appointment because he is neither challenging the decedent’s will’s validity nor receiving anything from it.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: December 27, 2023, Case #: 22-P-1232, Categories: Trusts, Wills / Probate
J. Wolohojian finds that the Massachusetts Housing Court properly credited an Alabama court's orders regarding the divorcing couple's marital property. The U.S. Constitution requires "full faith and credit" to be given in each state "to the public acts, records, and judicial proceedings of every other state," which means that "the Housing Court was required to give the Alabama final order the same finality that it would receive in Alabama." Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: September 12, 2023, Case #: 22-P-1082, Categories: Civil Procedure, Family Law, Property
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J. Wolohojian finds that the lower court properly determined that the Massachusetts Homestead Act protects a father's right to his home and choice not to give it up as a form of child support for his disabled daughter. The exemption to the Act for children of the homestead owner only applies if the children are minors. In this case, the daughter is an adult. However, a remand is necessary to determine whether the father has complied with his obligation to carry a $100,000 life insurance policy. Affirmed in part.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: July 25, 2023, Case #: 20-P-1321, Categories: Family Law
J. Wolohojian upholds the lower court’s decision not to hold a new trial in this gang murder case just because a juror failed to disclose she had a half-brother serving a sentence for a similar crime. Being fair and impartial does not require having no related experiences or no related opinions, thoughts or exposure to the subject matter in a case. Instead, it requires a willingness to accept the evidence and interpretation of laws particular to the case even if they contradict jurors’ related experiences, opinions, thoughts or exposure.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: July 10, 2023, Case #: 20-P-747, Categories: Constitution, Jury, Gangs