Commonwealth v. Littles (Lawyers Weekly No. 10-113-17)
Conviction for larceny by uttering bad checks affirmed despite unconstitutional jury instruction on prima facie evidence of knowledge and fraudulent intent.
Commonwealth
Commonwealth v. Lys (Lawyers Weekly No. 11-082-17)
Defendant convicted after guilty plea without immigration consequences warning failed to prove ineffective assistance claim where no substantial defense or alternative plea bargain was available.
Commonwealth v. George (Lawyers Weekly No. 10-107-17)
Affirmed civil commitment of sexually dangerous person where ASPD diagnosis, combined with institutional history of sexual misconduct and criminal record, supports finding of likely reoffense if unconfined.
Commonwealth v. Jones (Lawyers Weekly No. 10-106-17)
Murder conviction vacated due to trial judge's failure to require race-neutral explanation for prosecutor's peremptory challenge of African-American juror, despite prima facie showing of discrimination.
Commonwealth v. Widener (Lawyers Weekly No. 11-079-17)
Defendant convicted of firearm possession. Motion to suppress denied; exit order justified by safety concerns. Underlying convictions affirmed but ACCA sentence vacated and remanded.
Commonwealth v. Saywhan (Lawyers Weekly No. 11-080-17)
Protective sweep of upstairs bedroom during arrest warrant execution was unconstitutional despite violent crime, where defendant was handcuffed, cooperative, and no evidence suggested others in home.
Edwards v. Commonwealth, et al. (Lawyers Weekly No. 10-101-17)
Governor Patrick's defamation immunity for media statements about removing an official turned on whether she pleaded actual malice, not whether governors have absolute privilege.
Commonwealth v. Aguiar do Nascimento (Lawyers Weekly No. 11-074-17)
Amended statute prohibiting secret videotaping of clothed intimate parts applies in public places when reasonable expectation of privacy exists.
Commonwealth v. Lewis (Lawyers Weekly No. 11-075-17)
Defendant convicted of rape and assault and battery. Affirmed. Trial court properly admitted two first complaint witnesses describing victim's separate disclosures of distinct incidents on different dates.
Commonwealth v. Nelson (Lawyers Weekly No. 11-073-17)
Trial judge properly seated juror who stated slight bias toward police testimony but assured impartiality. Defendant's failure to use available peremptory challenge on juror and acceptance of jury panel precluded reversal.