Commonwealth v. Biesiot (Lawyers Weekly No. 11-092-17)
Affirmed in part, reversed in part. Direct observation of defendant at crime scene sufficient for conviction; tag identification without comparative design evidence insufficient.
Commonwealth
Commonwealth v. Rivera (Lawyers Weekly No. 11-090-17)
Conviction for possession of a burglarious instrument affirmed where evidence linked defendant to attempted break-in through screwdriver evidence and clothing similarity, despite weak identification.
Commonwealth v. Cooley (Lawyers Weekly No. 10-119-17)
First-degree murder conviction under felony-murder doctrine affirmed where evidence supported defendant's participation in armed robbery as joint venturer, despite nondisclosed statement from alleged shooter.
Commonwealth v. Muller (Lawyers Weekly No. 10-117-17)
Defendant convicted of murder admitted shooting victims but claimed mental illness and drug addiction rendered him not criminally responsible. Court affirmed despite erroneous jury instruction on voluntaryintoxication and mental illness.
Commonwealth v. Jordan (Lawyers Weekly No. 11-085-17)
Murder investigation; search warrant for cellular phone records. Court affirmed suppression of text messages, reversed suppression of location data.
Commonwealth v. Martin (Lawyers Weekly No. 11-084-17)
Warrantless police entry into residence following flight from civil marijuana possession stop held unconstitutional absent probable cause for more serious crime or genuine emergency aid circumstances.
Commonwealth v. Hebb (Lawyers Weekly No. 10-116-17)
Double jeopardy does not bar retrial on alternative OUI theory where jury acquitted on one theory but mistrialed on another distinct theory.
Commonwealth v. Mora (Lawyers Weekly No. 10-115-17)
Search warrant for safe lacked probable cause where affidavit failed to connect drug dealing or other criminal activity to the safe specifically or to the defendant personally.
Commonwealth v. Sanborn (Lawyers Weekly No. 10-114-17)
Civil abuse prevention order cannot be served through warrantless motor vehicle stop absent independent constitutional justification. Statute requires reasonable service methods complying with Fourth Amendment.
Zagranski v. Commonwealth (Lawyers Weekly No. 10-112-17)
Petition for extraordinary relief denied. Single justice's denial of leave to appeal is final and unreviewable; ineffective assistance claim must proceed in trial court.