Commonwealth v. Dustin (Lawyers Weekly No. 10-182-16)
Assault and battery on family or household member; sufficiency of evidence of substantive dating relationship under statute.
Assault and battery on family or household member; sufficiency of evidence of substantive dating relationship under statute.
Officer had probable cause despite observing no direct exchange, based on suspect's known drug history, unusual hand motions, area reputation, and visible currency.
Court allows defendant's motion for DNA testing of blood-stained baseball bat under Chapter 278A, finding motive evidence relevant to identifying alternate perpetrator.
Defendant challenged multiple bail orders as impermissible double or triple bail. Court affirmed denial of relief but allowed recovery of forfeited bail through Superior Court motion.
Murder conviction affirmed despite inadequate presentation of insanity defense and improper prosecutorial argument; armed home invasion conviction vacated for insufficient evidence.
Defendant's guilty plea to indecent assault and battery need not be withdrawn based on counsel's failure to explain sex offender registration consequences as they existed in 2002.
Shackled defendant's trial conviction upheld as harmless error despite lack of particularized findings justifying physical restraints visible to jury.
MassHealth successfully recovered overpayments for dental house calls after changing reimbursement from per-patient to per-facility basis despite three-year payment delay.
Affirmed conviction for drug possession arising from police station removal of contraband from defendant's buttocks during lawful search incident to arrest.
Murder conviction affirmed where defendant methodically planned killing and acted from rational motive despite claiming mental illness and divine command.