Commonwealth v. Ackerman (Lawyers Weekly No. 10-054-17)
Blood alcohol test from hospital records admissible in DUI prosecution when administered as part of patient's medical treatment following accident.
Blood alcohol test from hospital records admissible in DUI prosecution when administered as part of patient's medical treatment following accident.
Murder conviction affirmed where trial counsel's tactical choice of diminished capacity over lack of criminal responsibility defense was reasonable, and jury instructions properly refused.
Murder conviction affirmed where circumstantial evidence showed motive, proximity to victim's home, matching injuries, DNA evidence, and contradictory statements to police.
Defendant convicted of unlawfully possessing a loaded firearm requires proof defendant knew the gun was loaded.
Chief of staff's threats to void waste contract unless company donated truck constituted bribery; gratuity conviction vacated as duplicative.
Conviction for possessing burglarious instruments reversed where Commonwealth failed to prove intent to use ordinary tools for burglary despite suspicious circumstances.
Probable cause supported defendant's arrest when he spontaneously mentioned a shooting that officers had not disclosed, demonstrating guilty knowledge.
Mother convicted of recklessly permitting boyfriend to assault infant daughter. Conviction reversed where evidence showed mother had no reason to suspect serious injury.
Defendant entitled to self-defense instruction on felony-murder charge when underlying felony was not inherently dangerous and evidence supported that defendant was not aggressor.
Defendant charged with unlicensed firearm possession claimed antique exemption based solely on website labeling. Court affirmed exclusion of his belief testimony and denial of jury instruction.