Commonwealth v. Rutherford (Lawyers Weekly No. 10-045-17)
Affirmed murder conviction despite prosecutor's inappropriate closing remarks about victim's final moments and expert witness, given overwhelming evidence and proper jury instructions.
Affirmed murder conviction despite prosecutor's inappropriate closing remarks about victim's final moments and expert witness, given overwhelming evidence and proper jury instructions.
Murder conviction affirmed where trial judge properly admitted grand jury testimony of witness claiming memory loss, finding feigned memory loss and no coercion after observing witness over multiple hearings.
Impoundment of lawfully parked vehicle in high-crime area improper without additional factors showing reasonable necessity to prevent theft, vandalism, or public danger.
Defendant's wife provided reliable tip about his firearm possession. Police had probable cause to arrest defendant based on wife's information and corroborating details. Search lawful under probable cause.
Police entered apartment without warrant based on chemical odor complaint and missing girlfriend theory. Court held warrantless entries violated Fourth Amendment; evidence and statements properly suppressed.
When jurors are exposed to extraneous materials during deliberations, judge may remedy through individual voir dire and jury instruction rather than automatic mistrial.
Affirmed assault and battery and kidnapping convictions; peremptory challenge denial and prior bad act evidence properly admitted.
Bail forfeiture reversed where defendants satisfied bail conditions with no default. Judge lacked authority to forfeit and apply bail to restitution without proper evidentiary hearing.
Trial counsel not ineffective for declining to introduce cell site location information that would have corroborated prosecution witness's presence at crime scene. Witness's testimony sufficiently attenuated from illegal wiretap.
Court affirms convictions for murder, armed robbery, and weapons charges. Warrantless stop justified by reasonable suspicion based on temporal and geographic proximity to fatal shooting, unusual lack of activity, and suspicious vehicle behavior.