Commonwealth v. Cousin (Lawyers Weekly No. 10-004-18)
Court rejected defendant's claim of actual conflict of interest where trial counsel represented a police officer in unrelated civil case while defending defendant in murder prosecution.
Court rejected defendant's claim of actual conflict of interest where trial counsel represented a police officer in unrelated civil case while defending defendant in murder prosecution.
First-degree murder conviction affirmed where Commonwealth properly excluded young jurors, admitted gang evidence for motive, excluded unrelated misconduct evidence, and prosecutor's aggressive closing argument received curative instruction.
Town zoning bylaw prohibiting private heliports without approval or special permit is not preempted by state aeronautics statutes. Reversed and remanded.
Defendant's motion to withdraw guilty pleas denied where he failed to show prejudice from counsel's alleged failure to explain sex offender registration consequences.
Wage Act does not impose personal liability on board members and investors acting in those capacities alone; they must be appointed agents with management responsibility comparable to a corporate president or treasurer.
Murder conviction affirmed where trial judge properly excluded hearsay statements from defense expert's direct examination and allowed Commonwealth expert to testify about defendant's motivation.
Felony-murder convictions affirmed where evidence showed defendants planned and executed armed robbery of marijuana resulting in fatal shooting, and text messages obtained by warrant were properly admitted despite particularity defects.
Murder conviction affirmed despite police presence at grand jury and claimed ineffective assistance of counsel on various evidentiary and procedural issues.
Affirmed conviction for first-degree murder based on DNA evidence. Prosecutor's closing argument statements, though some improper, did not warrant new trial given overwhelming evidence.
Breathalyzer evidence admissible after scientific hearing establishes dual-sensor device reliably distinguishes ethanol from interfering substances and meets federal certification standards.