Commonwealth v, Davis (Lawyers Weekly No. 11-072-17)
Defendant's rule 36 speedy trial motion granted where court congestion delays occurred despite his objections and Commonwealth's readiness for trial.
Defendant's rule 36 speedy trial motion granted where court congestion delays occurred despite his objections and Commonwealth's readiness for trial.
Traffic stop unlawfully extended beyond time needed to investigate traffic violations when officer lacked reasonable suspicion of criminal drug activity.
Conviction reversed where prosecution introduced prior drug convictions nineteen years old to rebut entrapment defense; staleness rendered evidence more prejudicial than probative.
Section 58A permits pretrial detention only when defendant has three prior OUI convictions, not two, under rule of lenity.
Defendant's double jeopardy rights violated when court attempted to impose consecutive probation years after original sentence completion.
Habitual criminal indictments dismissed where grand jury lacked evidence that two prior cocaine convictions from separate dates constituted separate episodes rather than a single criminal spree.
Police had reasonable suspicion to stop vehicle based on observed secretive gun transfer in driveway, not mere possession of firearm.
Judge may impose concurrent state prison sentence retroactively to credit time served on unrelated offense; judge must consider discretionary authority on remand.
Conviction vacated where prosecution's sole evidence was officer's testimony about destroyed surveillance video. Authentication and lay opinion identification foundations were inadequate.
Affirmed distribution conviction based on sufficient circumstantial evidence of drug identity; reversed school zone conviction, finding licensure insufficient to satisfy statute's accreditation requirement.