Commonwealth v. Gerhardt (Lawyers Weekly No. 10-150-17)
Police may describe a driver's performance on roadside sobriety assessments in marijuana DUI cases as factual observations, not scientific tests, and may not opine the driver was impaired.
Commonwealth
Commonwealth v. Aldana (Lawyers Weekly No. 10-149-17)
Convictions for possessing thermite ingredients vacated where Commonwealth failed to prove defendant lacked lawful authority to possess the materials or that applicable regulations required a permit.
Commonwealth v. Ormond O., a juvenile (Lawyers Weekly No. 11-120-17)
Juvenile found delinquent of cocaine possession as front seat passenger in vehicle where back seat passenger possessed drugs. Affirmed; circumstantial evidence of joint venture sufficient.
Commonwealth v. Ecker (Lawyers Weekly No. 11-118-17)
Affirmed convictions for stalking and criminal harassment. Prison mail inspection reasonably related to legitimate penological interests. Malice does not require ill will or specific intent to harm.
Commonwealth v. Owens (Lawyers Weekly No. 11-116-17)
Officers conducting sting operation at suspected brothel justified in securing building from within to prevent evidence destruction while obtaining warrant.
Commonwealth v. Wiggins (and 28 companion cases) (Lawyers Weekly No. 10-146-17)
Affirmed convictions for first-degree murder and home invasion; remanded nonmurder sentences for resentencing based on juvenile status.
Commonwealth v. Villagran (Lawyers Weekly No. 10-145-17)
Police officer's pat-frisk and search of nonstudent's backpack at high school violated Fourth Amendment; officer lacked reasonable suspicion and probable cause.
Commonwealth v. Perez (Lawyers Weekly No. 10-142-17)
Juvenile offender sentenced to thirty-two and one-half years with parole eligibility after twenty-seven and one-half years for armed robberies and shooting a police officer. Sentence presumptively violates proportionality requirement when non-murder juvenile receives longer parole eligibility than juvenile murderer. Remanded for Miller hearing.
Brangan v. Commonwealth (Lawyers Weekly No. 10-143-17)
Defendant held on unaffordable bail receives due process protections. Judge must consider defendant's financial resources, provide written findings explaining bail calculation, and cannot use bail to detain dangerous defendants without statutory preventive detention procedures.
Commonwealth v. Barbosa (Lawyers Weekly No. 10-144-17)
Murder conviction affirmed where GPS data, surveillance footage, and witness testimony established defendant's knowing participation in premeditated murder as joint venturer.