Commonwealth v. McGrath (Lawyers Weekly No. 10-085-17)
Single justice's denial of leave to appeal is final and unreviewable; defendant cannot appeal gatekeeper ruling.
Commonwealth
Commonwealth v. Robinson (Lawyers Weekly No. 10-087-17)
Gatekeeper appeal from denial of seventh motion for new trial dismissed; final, unreviewable nature of single justice gatekeeper decisions reaffirmed.
Commonwealth v. Lopez (Lawyers Weekly No. 11-065-17)
Therapeutic mentor's testimony that child lacked imaginative play ability improperly admitted as implicit vouching for victim's credibility; conviction reversed.
Commonwealth v. Montrond (Lawyers Weekly No. 10-081-17)
Murder conviction affirmed despite trial counsel's unreasonable failure to present intoxication evidence, where motive evidence was overwhelming and other errors were harmless.
Commissioner of Administration and Finance v. Commonwealth Employment Relations Board, et al. (Lawyers Weekly No. 10-076-17)
Public employer satisfied duty to request legislative appropriation for collective bargaining agreement by submitting request with fiscal information, even though Legislature rejected it and employer did not affirmatively advocate for funding.
Commonwealth v. Valentin (Lawyers Weekly No. 11-058-17)
Defendant's conviction for stalking and assault upheld. Forfeiture by wrongdoing doctrine properly applied to admit unavailable witness's hearsay statements where defendant intentionally procured unavailability through threats and pressure.
Commonwealth v. Rosario (Lawyers Weekly No. 10-075-17)
Conviction overturned where defendant likely suffered delirium tremens during coercive interrogation and new fire science evidence provided alternative theory to arson.
Commonwealth v. Lopez (Lawyers Weekly No. 11-056-17)
Operating a moped without a license does not violate statute prohibiting motor vehicle operation with suspended license; rule of lenity applies.
Commonwealth v. Garvey (Lawyers Weekly No. 10-073-17)
Habitual offender statute requires two prior convictions to arise from separate criminal episodes. Grand jury did not hear evidence supporting separate incidents.
Commonwealth v. Driscoll (Lawyers Weekly No. 11-055-17)
Affirmed insurance fraud conviction where defendant falsely claimed to have struck a moose to invoke comprehensive coverage. Reversed attempted larceny conviction due to insufficient jury instructions.