Commonwealth v. Baldwin (Lawyers Weekly No. 10-063-17)
Excited utterance admissibility depends on multiple factors beyond apparent emotional state; calm voice does not bar 911 recording from evidence.
Commonwealth
Commonwealth v. Gallagher (Lawyers Weekly No. 11-046-17)
Trooper's opinion that defendant was impaired to operate a motor vehicle violated Canty but harmless error; overwhelming evidence of impairment supported conviction.
Commonwealth v. Tejeda (Lawyers Weekly No. 10-061-17)
Defendant charged with misleading police officer after swallowing suspected heroin in officer's presence. Court held conduct did not create false impression and did not send investigation astray.
Commonwealth v. Holland (Lawyers Weekly No. 10-060-17)
Murder conviction affirmed where trial counsel's decision to forgo insanity defense in favor of mental impairment defense based on intoxication was tactically reasonable given weak evidence of mental illness.
Commonwealth v. Morgan (Lawyers Weekly No. 10-058-17)
Veteran charged with OUI second offense may pursue pretrial diversion under VALOR Act, with possibility of dismissal or continuance without finding upon successful completion.
Commonwealth v. Hamel (Lawyers Weekly No. 11-043-17)
Medical records showing child's dermatitis inadmissible without expert testimony on causation; prosecutor's improper credibility argument warranted new trial.
Commonwealth v. Felix (Lawyers Weekly No. 10-056-17)
First-degree murder conviction affirmed where evidence of weeks of marital discord, premeditated messaging, calendar entry for "Judgment Day," methodical entry into home, and three-to-five minute ligature strangulation negated heat-of-passion defenses.
Commonwealth v. Delnegro (Lawyers Weekly No. 11-042-17)
Attorney disqualified from representing client in two criminal cases due to status as necessary witness and irreconcilable conflict of interest.
Jane J. v. Commonwealth (Lawyers Weekly No. 11-041-17)
Woman raped in psychiatric hospital by another committed patient sues Commonwealth. Court affirms immunity, holding hospital's coed recreation room access was failure to prevent rather than affirmative act originally causing harm.
Commonwealth v. Johnson (Lawyers Weekly No. 11-040-17)
Defendant released on GPS monitoring in domestic violence case; historical location data later searched to connect defendant to unrelated burglary; no reasonable privacy expectation.