Commonwealth v. Warren (Lawyers Weekly No. 10-151-16)
Conviction for firearm possession vacated where investigatory stop lacked reasonable suspicion. Vague suspect description and proximity insufficient; flight alone cannot justify seizure.
SJC Opinions
Commonwealth v. Carter (Lawyers Weekly No. 10-150-16)
Murder conviction under felony-murder rule affirmed where defendant participated in armed robbery as joint venturer. Armed robbery conviction vacated as duplicative. Eyewitness identifications from photographic arrays admissible despite procedural deviations.
Commonwealth v. Teixeira; Commonwealth v. Meade (Lawyers Weekly No. 10-149-16)
Boston Municipal Court judges may order discovery before probable cause hearings under their inherent authority, when appropriately limited and accompanied by protective orders.
Commonwealth v. Adonsoto (Lawyers Weekly No. 10-148-16)
Conviction for operating under the influence affirmed where defendant's failed breathalyzer test, testimony through police-appointed interpreter, and evidence of impairment all admissible; court requires future recording of interpreter-assisted interrogations.
Commonwealth v. Baratieri (Lawyers Weekly No. 10-147-16)
Sureties who posted bail sought return of funds after defendant's failure to appear due to federal immigration custody. Court affirmed denial, finding appeal to Appeals Court was proper remedy.
Vinnie v. Commonwealth (Lawyers Weekly No. 10-146-16)
Defendant's repeated challenge to jury instructions in murder conviction rejected; gatekeeper decisions unreviewable; mandamus relief inappropriate where adequate remedies existed.
Eresian v. Merrill Lynch Credit Corporation, et al. (Lawyers Weekly No. 10-145-16)
Superintendence petition denied where litigant sought to challenge 1993 judgment decades later; ordinary appellate review adequate; extraordinary remedy not substitute for normal process.
Commonwealth v. Ellis (Lawyers Weekly No. 10-144-16)
Affirmed new trial order based on newly discovered evidence of police detectives' criminal complicity with murder victim, creating incentive to suppress investigation.
Commonwealth v. Snyder (Lawyers Weekly No. 10-143-16)
Defendant convicted of first-degree murder in 1994 shooting. Affirmed eyewitness identifications and stocking cap evidence; remanded on sentencing motion.
Commonwealth v. DiBenedetto (Lawyers Weekly No. 10-142-16)
Affirmed denial of motion for new trial based on DNA evidence excluding victims as contributors to DNA on defendant's sneakers, given strength of eyewitness identification.