Commonwealth v. Quint Q., a juvenile (Lawyers Weekly No. 11-135-13)
Juvenile's mother present during police interrogation satisfied the interested adult requirement and did not coerce confession. Trial judge erred ruling on unraised grounds.
Category Appeals Court Opinions
Vintimilla v. National Lumber Company (Lawyers Weekly No. 11-134-13)
Appeals Court affirmed summary judgment for equipment lessor in negligent entrustment case arising from unlicensed operator's use of leased forklift.
Commonwealth v. Gorman (Lawyers Weekly No. 11-133-13)
Conviction reversed where jury instructions on joint venture liability failed to require proof that defendant knew accomplice was armed, despite that knowledge being an essential element.
Commonwealth v. Arias (Lawyers Weekly No. 11-132-13)
Murder conviction upheld where trial judge's jury instructions on defense of another, though incomplete, adequately conveyed the defense and the defendant did not preserve objections for appeal.
Commonwealth v. Galazka (Lawyers Weekly No. 11-131-13)
Affirmed conviction for statutory rape, aggravated rape, and assault and battery. Defendant must file sworn indigency affidavit with clerk before court must hear motion for extra fees.
Commonwealth v. Crapps (Lawyers Weekly No. 11-130-13)
Affirmed conviction for crack cocaine trafficking where constructive possession established by sole vehicle occupancy, suspected drug activity, and circumstantial evidence; extrapolated weight calculation permissible.
Adoption of Malik (Lawyers Weekly No. 11-129-13)
Mother loses standing to appeal adoption order after parental rights terminated, even though she reserved right to propose kinship placement.
Commonwealth v. DeGennaro (and 13 companion cases) (Lawyers Weekly No. 11-128-13)
Affirmed convictions of contractor and bookkeeper for embezzling escrow deposits and contractor fraud. Contractual escrow agents qualify as fiduciaries under embezzlement statute.
Upton’s Case (Lawyers Weekly No. 11-127-13)
Investigatory interview about earnings discrepancies constitutes personnel action barring workers' compensation for resulting emotional disability.
Commonwealth v. Liebenbow (Lawyers Weekly No. 11-126-13)
Defendant convicted of larceny for stealing metal from construction site. Whether honest but objectively unreasonable belief property was abandoned can negate specific intent to steal.