Commonwealth v. Locke (and a companion case) (Lawyers Weekly No. 11-063-16)
Court affirms suppression where marijuana odor, nervousness, and rental agreement discrepancy failed to establish probable cause to search vehicle.
Appeals Court Opinions
Commonwealth v. Lyons (Lawyers Weekly No. 11-062-16)
Postconviction DNA motion denied prematurely without discovery. Court vacates, remands for inspection of hair evidence and assessment of chain of custody.
Commonwealth v. Thompson (Lawyers Weekly No. 11-061-16)
Identity fraud convictions vacated as duplicative of credit card convictions. Receiving stolen property conviction vacated as legally inconsistent with credit card conviction. Credit card convictions affirmed despite erroneous admission of defendant's invocation of right to counsel.
Commonwealth v. Meneide (Lawyers Weekly No. 11-060-16)
Officers validly ordered driver from vehicle based on suspicious concealment, but backseat armrest search exceeded protective scope after pat frisk revealed no weapon.
Commonwealth v. Villalobos (Lawyers Weekly No. 11-059-16)
Defendant convicted of involuntary manslaughter and assault after street altercation. Affirmed on sufficiency of evidence, judicial response to sleeping juror reports, closing argument, and counsel performance.
Commonwealth v. Thomas (Lawyers Weekly No. 11-058-16)
Aggravated rape conviction affirmed despite exclusion of victim's prior convictions and no direct intent to cause injuries.
Commonwealth v. Lodge (Lawyers Weekly No. 11-057-16)
Affirmed conviction for unlicensed firearm possession. Prosecutor's opening statement reference to school shootings was not reversible error; defendant's post-Miranda statements exposed to closing argument comment.
Allen v. Allen (Lawyers Weekly No. 11-056-16)
Appeal from ex parte abuse prevention order dismissed as moot where order was terminated at hearing after notice, providing defendant all available relief.
Quinn v. Gjoni (Lawyers Weekly No. 11-055-16)
Appeal dismissed as moot after abuse prevention order was vacated. First Amendment arguments could not be reached where neither party retained cognizable interest in the terminated order.
Commonwealth v. Nguyen (Lawyers Weekly No. 11-054-16)
Ineffective assistance of counsel claim regarding immigration consequences fails where defendant enjoys protected status under U.S.-Vietnam repatriation agreement preventing deportation.