Commonwealth v. Barbosa (Lawyers Weekly No. 10-144-17)
Murder conviction affirmed where GPS data, surveillance footage, and witness testimony established defendant's knowing participation in premeditated murder as joint venturer.
SJC Opinions
Commonwealth v. Shelley (Lawyers Weekly No. 10-141-17)
Defendant charged with murder sought instruction on time-barred manslaughter. Court held defendant not entitled to both lesser included offense instruction and statute of limitations defense without waiving the latter.
Commonwealth v. Wampler (Lawyers Weekly No. 10-134-17)
Single justice's denial of leave to appeal from post-conviction motion is final and unreviewable; no appeal to full court lies.
Riva v. Massachusetts Parole Board (Lawyers Weekly No. 10-136-17)
Parole board certiorari case; discovery disputes and mootness concerns adequately addressed on appeal from final judgment.
Martin v. Superior Court Department of the Trial Court (Lawyers Weekly No. 10-137-17)
Attorney indicted on rape charges sought to disqualify prosecutor based on prior working relationship. Supreme Judicial Court affirmed denial, finding issue properly reviewable on appeal from conviction.
Wassilie v. Commonwealth (Lawyers Weekly No. 10-135-17)
Defendant indicted on videotaping charges sought dismissal arguing duplicative counts violated double jeopardy. Affirmed; review of motion to dismiss unavailable pretrial except for substantial double jeopardy claims.
Commonwealth v. Duart (Lawyers Weekly No. 10-132-17)
Affirmed. Defense counsel's failure to disclose judge's familial relationship with prosecutor's office was inadequate performance but caused no prejudice given defendant's prior valid concerns about local jury bias.
Commonwealth v. Santana (Lawyers Weekly No. 10-133-17)
Murder conviction affirmed where defendant's statements to police were voluntary despite initial request for confidentiality, because Miranda warnings and explicit police statements about use made confidentiality assurance moot.
Commonwealth v. Asenjo (Lawyers Weekly No. 10-131-17)
Conviction reversed; erroneous first complaint witness designation, admission of multiple victim disclosures, and exclusion of battered woman syndrome expert testimony violated defendant's rights.
Commonwealth v. Mauricio (Lawyers Weekly No. 10-130-17)
Warrantless search of digital camera during inventory violated state constitutional protections. Images depicting firearms inadmissible. Conviction vacated; lesser offense affirmed.