Commonwealth v. Wolfe (Lawyers Weekly No. 10-163-17)
Judge erred instructing jury to disregard absent breathalyzer evidence over defendant's objection in OUI trial. Conviction vacated; new trial ordered.
Commonwealth
Commonwealth v. Ehiabhi (Lawyers Weekly No. 10-164-17)
Court held statutory scheme punishing identical drug offense with different mandatory minimums is unambiguous and preserves prosecutorial charging discretion, rejecting lenity rule application and separation of powers challenge.
Commonwealth v. Dunn (Lawyers Weekly No. 10-162-17)
Murder conviction affirmed where jury could credit expert testimony that defendant with psychotic disorder retained capacity to appreciate wrongfulness and conform conduct despite mental illness.
Commonwealth v. Kaplan (Lawyers Weekly No. 09-018-17)
Defendant sought dismissal of arson indictments based on prosecutor's failure to highlight exculpatory jail call recordings containing witness's prior denials of the defendant's involvement. Motion denied.
Commonwealth v. Richardson (Lawyers Weekly No. 09-019-17)
Police arrested defendant at courthouse in plain view of jurors on unrelated warrant, causing mistrial. Court held police conduct not attributable to prosecution for double jeopardy purposes.
Commonwealth v. Ross (Lawyers Weekly No. 11-133-17)
Negligent operation conviction affirmed where defendant exceeded speed limit on residential road at night with evidence of intoxication and dangerous conditions.
N.M., a juvenile v. Commonwealth (Lawyers Weekly No. 10-159-17)
Juvenile indicted as youthful offender; whether grand jury evidence supported serious bodily harm requirement. Reversed and remanded.
Commonwealth v. Perkins (Lawyers Weekly No. 10-160-17)
Search warrant affidavit established probable cause for drug transaction and nexus to defendant's residence for cellular phones and orange sweatshirt, but not for general drug-related evidence search.
Commonwealth v. Muckle (Lawyers Weekly No. 10-157-17)
Jurisdiction limited to intimidation of witnesses or jurors; other intimidation offenses must proceed in Superior Court based on express statutory language and legislative intent.
Commonwealth v. Castano (Lawyers Weekly No. 10-158-17)
Murder conviction affirmed where overwhelming evidence of premeditation and guilt rendered harmless any constitutional error in admitting postinvocation statements about the firearm.