Commonwealth v. Leslie (and five companion cases) (Lawyers Weekly No. 10-072-17)
Warrantless search of multifamily home's side yard violated Fourth Amendment. Side yard curtilage entitled to constitutional protection regardless of housing type.
Commonwealth
Commonwealth v. Fulgiam (and 13 companion cases) (Lawyers Weekly No. 10-071-17)
Murder convictions affirmed where cell site data was properly obtained and text message evidence, though unlawfully obtained, did not create substantial likelihood of miscarriage of justice given strong fingerprint and circumstantial evidence.
Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Sobriety checkpoint constitutional despite minor operational plan deviations where none introduced discretion into vehicle stops.
Commonwealth v. Colton (Lawyers Weekly No. 10-070-17)
SJC affirms first-degree murder conviction for stabbing death. Statement to police held voluntary despite defendant's mental condition. Bat and knives admissible on premeditation theory.
Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Deviations from sobriety checkpoint operational plan do not render roadblock unconstitutional if they introduce no arbitrariness into vehicle screening.
Schumacher v. Commonwealth (Lawyers Weekly No. 10-065-17)
Temporary commitment to treatment center pending probable cause hearing does not warrant emergency interlocutory review when claims can be raised on appeal.
Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-067-17)
Defendant's petition for extraordinary relief denied for failure to comply with procedural requirements and lack of merit; discovery and recusal issues adequately reviewable on direct appeal.
Cucinelli v. Commonwealth (Lawyers Weekly No. 10-069-17)
Appellate Division sentence increase beyond direct appeal reach; superintendence review properly denied where Legislature made decision final and adequate alternative remedy existed.
Commonwealth v. Feliz (Lawyers Weekly No. 12-041-17)
Sex offender challenges mandatory GPS monitoring as unconstitutional search. Court holds continuous tracking is reasonable given diminished privacy expectations, compelling government interests in deterrence and public safety.
Commonwealth v. Garcia (Lawyers Weekly No. 10-062-17)
Conviction reversed where stepdaughter improperly testified about defendant's alleged confession to defendant's wife, violating spousal disqualification rule.