Commonwealth v. Gonzalez (Lawyers Weekly No. 10-207-15)
First-degree murder conviction affirmed where eyewitness identifications, DNA evidence, and flight contradicted defendant's weak alibi and uncalled witnesses.
First-degree murder conviction affirmed where eyewitness identifications, DNA evidence, and flight contradicted defendant's weak alibi and uncalled witnesses.
Police entry to check defendant's well-being was constitutional, but seizure of tequila bottles after he departed for hospital was unreasonable and evidence must be suppressed.
Armed robbery and home invasion murders; warrantless vehicle search; inevitable discovery; joint trial joinder.
Sealed criminal records need not be disclosed under mandatory discovery rules. Privacy protections for sealed records take precedence over general criminal discovery requirements.
Conviction affirmed for sexual assault on intellectually disabled woman. Term "intellectual disability" constitutional; legislature merely modernized language from "mentally retarded."
Patent firm's simultaneous representation of competing patent applicants does not violate professional conduct rules absent allegations of direct legal adversity or material limitation on representation.
Murder conviction affirmed where medical records, DNA evidence, and victim's clothing properly admitted; prosecutor's arguments not improper.
Denial of c. 211, § 3 petition affirmed where defendant exhausted ordinary appellate review; extraordinary superintendence power exercised sparingly, not as additional appellate layer.
Defendant seeking resentencing on harshness and ineffective-assistance grounds not entitled to extraordinary relief when direct appeal is pending.
SJC overrules prior precedent, holding that clear and convincing evidence is required to classify sex offenders by risk level due to changed circumstances.