Commonwealth v. Greineder (Lawyers Weekly No. 10-042-13)
DNA expert opinion admissible despite reliance on nontestifying analyst's test results when expert subject to meaningful cross-examination on opinion and underlying data reliability.
Commonwealth
Commonwealth v. Robinson (Lawyers Weekly No. 11-043-13)
Appeals Court affirmed convictions for resisting arrest and drug possession. Defendant failed to preserve funding-for-investigator claim, excessive-force instruction was properly refused, and container search was reasonable.
Commonwealth v. Hamilton (Lawyers Weekly No. 11-044-13)
Sufficient evidence supported constructive possession conviction where defendant was primary apartment occupant, cocaine sat openly on coffee table, and items suggested distribution.
Commonwealth v. Jules (Lawyers Weekly No. 10-034-13)
First-degree murder conviction affirmed. Unrecorded police statements admissible with reliable translator; eyewitness identification from newspaper photo not suppressed.
Commonwealth v. Pettit (Lawyers Weekly No. 11-040-13)
Defendant convicted of operating vehicle without ignition interlock device. Appeals Court reversed, holding revoked license cannot simultaneously carry restrictions.
Commonwealth v. Fabian F., a juvenile (Lawyers Weekly No. 11-041-13)
Juvenile's 1988 rape conviction upheld despite claim trial counsel was ineffective for not requesting de novo jury trial available under then-existing two-tiered system.
Commonwealth v. Doyle (Lawyers Weekly No. 11-039-13)
Breaking and entering conviction affirmed; malicious destruction of property conviction reversed where damage was incidental to theft rather than motivated by malice.
Commonwealth v. Ahart (Lawyers Weekly No. 10-031-13)
Conviction for murder affirmed where trial judge properly limited cross-examination, police testimony was corroborating not vouching, and prosecutor's closing argument fairly presented evidence.
Commonwealth v. Campbell (Lawyers Weekly No. 11-037-13)
Defendant held in custody did not voluntarily absent himself from critical suppression hearing; trial judge abused discretion finding waiver when counsel objected; deprivation harmless error analysis does not apply.
Commonwealth v. Haynes (Lawyers Weekly No. 11-030-13)
Police may search accessible areas of a vehicle during protective Terry stop if panel positioning and officer training suggest weapon hiding place.