Commonwealth v. Rodriguez (Lawyers Weekly No. 10-021-17)
Successive prosecution for larceny barred by different elements test, not double jeopardy where prior acquittal was for receiving stolen property.
Successive prosecution for larceny barred by different elements test, not double jeopardy where prior acquittal was for receiving stolen property.
Stop of vehicle based on radio broadcast lacked reasonable suspicion where Commonwealth failed to establish reliability of the broadcast's source information.
Judge did not abuse discretion in declaring mistrial after defense counsel intentionally violated order excluding evidence of co-occupant's prior firearm conviction.
Officer lawfully stopped vehicle based on reliable witness report of armed individual combined with suspicious late-night conduct in high-crime area.
Murder conviction affirmed where defendant sent pipe bomb to ex-restaurant coworker. Jailhouse informant properly testified; computer evidence reliable; prior victim testimony satisfied confrontation clause.
Deputy sheriff is not a police officer under statute prohibiting false crime reports. Reversed; judgment of not guilty entered.
Dismissal date for incompetent defendant calculated using Superior Court maximum sentence regardless of court where prosecution pending; statute constitutional.
Police lacked reasonable suspicion to seize defendant based on vague description of suspects and proximity to shooting scene.
Conviction vacated where expert testimony describing typical physical characteristics of crack cocaine addicts used to prove defendant was dealer, not user.
Murder conviction affirmed where evidence showed defendant invited fight, positioned himself to fight vastly outnumbered, carried concealed knife, and stabbed brothers with preexisting intent.