LeBaron v. Commonwealth (Lawyers Weekly No. 10-055-13)
Defendant with counsel in pending criminal appeal has no right to hybrid representation or to file pro se motions in appellate court.
Commonwealth
Commonwealth v. Almeida (Lawyers Weekly No. 11-046-13)
Civil commitment of sexually dangerous person upheld where menacing noncontact sexual offenses would reasonably cause victims to fear contact sexual assault.
Commonwealth v. Butler (Lawyers Weekly No. 10-053-13)
Speedy trial right attaches upon issuance of criminal complaint. When charges are dismissed and reinstated, delay clock resumes rather than resets. Over ten years of delay did not violate speedy trial right under Barker analysis.
Sellers v. Commonwealth (Lawyers Weekly No. 10-052-13)
Self-represented defendant's petition for new trial languished unresolved in trial court for two years. Appellate court affirmed denial of relief but ordered investigation into delay.
Commonwealth v. Nee (Lawyers Weekly No. 11-045-13)
Defendant convicted of affray after participating in group assault on police officer in public park. Court affirmed, holding sufficient evidence of coordinated fighting and terror to lawfully present persons.
Commonwealth v. Winfield (Lawyers Weekly No. 10-048-13)
Court reporter's backup audio recording of trial not a judicial document subject to First Amendment or common-law public access rights where official transcript available.
Commonwealth v. Benitez (Lawyers Weekly No. 10-049-13)
Affirmed felony-murder conviction where defendant proposed robbery, supplied gun, acted as lookout. Vacated duplicate armed robbery conviction.
Commonwealth v. Hardy (Lawyers Weekly No. 10-043-13)
Murder conviction affirmed. Trial counsel was not ineffective for failing to object to courtroom closures during extraordinary circumstances involving threats and violence.
Commonwealth v. Romero (Lawyers Weekly No. 10-045-13)
Vehicle owner's conviction for carrying firearm without license reversed where evidence insufficient to prove intent to control weapon despite knowledge and ability.
Commonwealth v. Montoya (Lawyers Weekly No. 10-041-13)
Cocaine trafficking conviction vacated where drug certificates were admitted without analyst testimony and error was not harmless, as jurors could not determine precise weight of small bags.