Commonwealth v. Alphonse (Lawyers Weekly No. 11-044-15)
Prosecutor's closing argument improperly suggested defendant tailored testimony because he sat in courtroom unlike sequestered witnesses. Reversed; new trial required.
Appeals Court Opinions
Commonwealth v. Gordon (Lawyers Weekly No. 11-045-15)
Warrantless entry into apartment justified under emergency aid exception where domestic violence victim requested police assistance and officers had reasonable grounds to believe she might need immediate help inside.
Goudreault v. Nine (Lawyers Weekly No. 11-041-15)
Radiologist's failure to identify breast cancer abnormality and order follow-up tests constituted negligence with sufficient causal connection to delayed diagnosis.
Resolute Management Inc., et al. v. Transatlantic Reinsurance Company, et al. (Lawyers Weekly No. 11-040-15)
Reversal of dismissal of tortious interference and Consumer Protection Act claims; facts inadequate to resolve choice of law at pleading stage.
Commonwealth v. Pacheco (Lawyers Weekly No. 11-039-15)
Police properly obtained juvenile's initial Miranda waiver with guardian present but violated his rights by monitoring and interrupting a mid-interrogation request to consult with his guardian.
Commonwealth v. Perez (Lawyers Weekly No. 11-038-15)
Drug possession conviction affirmed despite insufficient probable cause for no-knock warrant; suppression denied where police acted in good faith.
Commonwealth v. Hamilton (Lawyers Weekly No. 11-037-15)
Assault and battery by hypodermic needle conviction affirmed where defendant thrust needle at officer, causing puncture wound requiring hospital treatment.
Commonwealth v. Luckern (Lawyers Weekly No. 11-036-15)
Suspended prison sentences of three years or more qualify as sentences under the habitual offender statute, whether suspended wholly or partially at sentencing.
Commonwealth v. Nutter (Lawyers Weekly No. 11-035-15)
Defendant convicted of rape and child abuse challenged admissibility of statements to pastor, polygraph reference, and motor vehicle record. Appeals Court affirmed, finding no privilege violation or constitutional error.
Commonwealth v. Cano (Lawyers Weekly No. 11-033-15)
Appeals Court vacated and remanded a defendant's motion to vacate a 1997 guilty plea to assault by means of a dangerous weapon based on counsel's failure to advise of immigration consequences, finding substantial issues of ineffective assistance and prejudice warranting hearing.