Posts tagged "Commonwealth"

Commonwealth v. Dragotta (Lawyers Weekly No. 10-048-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12186

COMMONWEALTH  vs.  HEATHER DRAGOTTA.

Essex.     December 6, 2016. – March 21, 2017.

Present (Sitting at Lawrence):  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.[1]

Assault and BatteryWanton or Reckless ConductChild Abuse.

Indictments found and returned in the Superior Court Department on October 1, 2010.

The cases were heard by Richard E. Welch, III, J.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.

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Posted by Stephen Sandberg - March 21, 2017 at 8:49 pm

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Commonwealth v. Fantauzzi (Lawyers Weekly No. 11-030-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

15-P-574                                        Appeals Court

COMMONWEALTH  vs.  MIGUEL FANTAUZZI.

No. 15-P-574.

Suffolk.     October 4, 2016. – March 21, 2017.

Present:  Kafker, C.J., Trainor, & Henry, JJ.

Homicide.  Self-Defense.  Felony-Murder Rule.  Firearms.  Practice, Criminal, Instructions to jury.

Indictments found and returned in the Superior Court Department on March 25, 2013.

The cases were tried before Christine M. Roach, J.

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Posted by Stephen Sandberg - March 21, 2017 at 5:14 pm

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Commonwealth v. Kang (Lawyers Weekly No. 11-028-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

15-P-1731                                       Appeals Court

COMMONWEALTH  vs.  BYUNG-JIN KANG.

No. 15-P-1731.

Middlesex.     November 7, 2016. – March 16, 2017.

Present:  Cypher, Massing, & Sacks, JJ.

FirearmsEvidence, Firearm.  Practice, Criminal, Instructions to jury.

Complaints received and sworn to in the Newton Division of the District Court Department on February 15, 2013, and June 9, 2014.

The cases were tried before Dyanne J. Klein, J.

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Posted by Stephen Sandberg - March 16, 2017 at 10:45 pm

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Commonwealth v. Rutherford (Lawyers Weekly No. 10-045-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12094

COMMONWEALTH  vs.  JAMES RUTHERFORD.

Worcester.     November 10, 2016. – March 16, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, & Lowy, JJ.

Homicide.  Practice, Criminal, Argument by prosecutor, Capital case.  Evidence, Prior misconduct, State of mind.

Indictments found and returned in the Superior Court Department on September 23, 2011.

The cases were tried before Janet Kenton-Walker, J.

Jennifer H. O’Brien for the defendant.

Ellyn H. Lazar-Moore, Assistant District Attorney, for the Commonwealth.

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Posted by Stephen Sandberg - March 16, 2017 at 7:10 pm

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Commonwealth v. DePina; Commonwealth v. Monteiro (Lawyers Weekly No. 10-043-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11794

SJC-11932

COMMONWEALTH  vs.  ESAU DePINA.

COMMONWEALTH  vs.  ISAIAH MONTEIRO.

Plymouth.     November 10, 2016. – March 13, 2017.

Present:  Gants, C.J., Lenk, Hines, & Lowy, JJ.

Homicide.  Firearms.  Evidence, Testimony before grand jury, Hearsay, Admission by silence, Statement of codefendant, Joint venturer, Prior misconduct, Immunized witness, Third-party culprit, Expert opinion.  Constitutional Law, Confrontation of witnesses.  Joint Enterprise.  Practice, Criminal, Capital case, Confrontation of witnesses, Hearsay, Conduct of prosecutor, Opening statement, Instructions to jury, Severance, Trial of defendants together.

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Posted by Stephen Sandberg - March 13, 2017 at 7:38 pm

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Commonwealth v. Crowley-Chester (Lawyers Weekly No. 10-041-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12128

COMMONWEALTH  vs.  ATREYO CROWLEY-CHESTER.

March 9, 2017.

Constitutional Law, Search and seizure.  Search and Seizure, Motor vehicle, Impoundment of vehicle.

The defendant, Atreyo Crowley-Chester, was charged in a complaint with carrying a firearm without a license, in violation of G. L. c. 269, § 10 (a), and possession of a firearm or ammunition without a firearm identification card, in violation of G. L. c. 269, § 10 (h).  The charges stem from the recovery of a loaded firearm from a motor vehicle after police officers impounded and conducted an inventory search of the vehicle.  The defendant filed a motion to suppress, which a judge in the District Court allowed after an evidentiary hearing.  A single justice of this court granted the Commonwealth leave to pursue an interlocutory appeal, and the Appeals Court reversed.  See Commonwealth v. CrowleyChester, 86 Mass. App. Ct. 804 (2015).  The case is now before this court on further appellate review.[1]  Because we conclude that the motion judge properly allowed the motion to suppress, we affirm.

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Posted by Stephen Sandberg - March 9, 2017 at 10:36 pm

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Commonwealth v. Abdul-Alim (Lawyers Weekly No. 11-026-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

15-P-1219                                       Appeals Court

COMMONWEALTH  vs.  AYYUB N. ABDUL-ALIM.

No. 15-P-1219.

Hampden.     December 13, 2016. – March 9, 2017.

Present:  Milkey, Massing, & Sacks, JJ.

FirearmsSearch and Seizure, Probable cause, Protective frisk. Constitutional Law, Search and seizure, Probable cause.  Probable CauseEvidence, Exculpatory.  Jury and JurorsPractice, Criminal, Motion to suppress, Continuance, Jury and jurors, Deliberation of jury, Record.

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Posted by Stephen Sandberg - March 9, 2017 at 7:02 pm

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Commonwealth v. Tuschall (Lawyers Weekly No. 10-040-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12151

COMMONWEALTH  vs.  KYLE TUSCHALL.

Middlesex.     November 9, 2016. – March 8, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Constitutional Law, Search and seizure, Probable cause.  Search and Seizure, Emergency, Probable cause, Fruits of illegal search.  Probable Cause.

Indictments found and returned in the Superior Court Department on August 12, 2014.

Pretrial motions to suppress evidence were heard by Thomas P. Billings, J.

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Posted by Stephen Sandberg - March 8, 2017 at 9:33 pm

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Commonwealth v. Blanchard (Lawyers Weekly No. 10-036-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12041

COMMONWEALTH  vs.  MICHAEL BLANCHARD.

February 27, 2017.

Practice, Criminal, Jury and jurors, Deliberation of jury, Instructions to jury, Voir dire, Mistrial, Confrontation of witnesses, Required finding.  Constitutional Law, Jury, Confrontation of witnesses.  Jury and Jurors.  Evidence, Expert opinion, Cross-examination.  Witness, Cross-examination.  Firearms.  License.

In the early morning hours of March 16, 2010, the defendant, by his own admission, fired multiple shots into the window of the apartment where Stephen Erving, Jr., was asleep, and killed him.  The Commonwealth charged the defendant with murder in the first degree, armed assault with the intent to murder, and carrying a firearm without a license.  At trial, there was an issue whether the defendant’s actions were consistent with manslaughter where he argued that he fired the shots to scare, not kill, Erving, who purportedly had threatened the defendant and his family.  The jury ultimately convicted the defendant of murder in the second degree and carrying a firearm without a license.  He appealed from the convictions to the Appeals Court.

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Posted by Stephen Sandberg - February 28, 2017 at 11:56 pm

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Commonwealth v. Oberle (Lawyers Weekly No. 10-037-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12149

COMMONWEALTH  vs.  WILLIAM OBERLE.

Norfolk.     December 8, 2016. – February 28, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Assault and Battery.  Kidnapping.  Jury and Jurors.  Practice, Criminal, Jury and jurors, Challenge to jurors.  Evidence, Prior misconduct.

Indictments found and returned in the Superior Court Department on September 17, 2014.

The cases were tried before Raymond J. Brassard, J.

The Supreme Judicial Court granted an application for direct appellate review.

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Posted by Stephen Sandberg - February 28, 2017 at 8:22 pm

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