Commonwealth v. Paquette (Lawyers Weekly No. 10-169-16)
Clarifying when false statements to police constitute criminal "misleading" under witness intimidation law; statements must reasonably lead police astray in their investigation.
Clarifying when false statements to police constitute criminal "misleading" under witness intimidation law; statements must reasonably lead police astray in their investigation.
Conviction affirmed for leaving accident scene without identification. Statute's "public way" language applies only to first clause, not property damage provision.
Clarifies that the "presumption of sanity" is an inference, not a true presumption, and cannot alone support criminal responsibility beyond reasonable doubt.
Affirmed murder conviction based on sufficient circumstantial evidence of joint venture in drive-by shooting, proper admission of evidence showing motive, and no error in jury procedures or instructions.
Inmate's civil rights victory on due process claim qualifies him as prevailing party for attorney's fees despite prior discharge from solitary confinement.
Court reverses dismissal of inmate class action alleging unlawful segregation, finds appeal not moot despite named plaintiffs' release from segregation units.
Conviction for child rape vacated on two grounds: erroneous jury instruction on statute of limitations tolling and insufficient corroborating evidence. Corroboration must relate to specific charged acts, not uncharged misconduct.
Joint venturer convicted of murder during armed robbery. Defendant drove victim to meeting and acted as lookout. Substitute medical examiner properly testified despite original examiner's indictment.
Trial judge lacked authority to depart from mandatory minimum sentences for drug offenses without legislatively enacted sentencing guidelines. Sentences vacated and remanded.
Sovereign immunity bars postjudgment interest on discrimination damages against public employers unless statute expressly or necessarily waives such immunity.