Commonwealth v. Gonzalez (Lawyers Weekly No. 11-111-16)
Affirmed denial of motion to suppress where judge considered suppressed evidence from unrelated case to establish confidential informant's reliability track record.
Commonwealth
Barbosa v. Commonwealth (Lawyers Weekly No. 10-137-16)
Bail amount set by Superior Court judge not excessive merely because defendant cannot afford to post it or faces pretrial detention. Bail statute constitutional.
Commonwealth v. Herndon (Lawyers Weekly No. 10-136-16)
Defendant's murder conviction affirmed despite challenges to jury instructions on eyewitness identification, admission of prior identification through police testimony, and sister's sequestration from courtroom.
Commonwealth v. Mayotte (Lawyers Weekly No. 10-131-16)
Defendant convicted of sexual abuse of adopted son may offer first complaint evidence under neutral doctrine. Reckless endangerment conviction vacated.
Commonwealth v. Hernandez (Lawyers Weekly No. 10-132-16)
Search warrant may issue for cellular phone held by defense counsel once it no longer serves legal advice purposes and data can be downloaded in hours.
Commonwealth v. Brantley (Lawyers Weekly No. 11-105-16)
Defendant's convictions for cocaine possession and furnishing a false name affirmed; search valid incident to arrest for fleeing officer; trial counsel's tactical concession on lesser charge reasonable.
Commonwealth v. Daly (Lawyers Weekly No. 11-104-16)
Animal cruelty conviction affirmed where defendant threw girlfriend's dog off deck after it bit his daughter. Statute held constitutionally sound.
Commonwealth v. Cruz (Lawyers Weekly No. 11-103-16)
Accredited child care facility for young children qualifies as "preschool" under school zone statute, protecting area 1,000 feet from facility.
Commonwealth v. Guaman (Lawyers Weekly No. 11-102-16)
Defendant's conviction for operating under the influence while causing manslaughter affirmed; felony motor vehicle homicide conviction vacated as duplicative.
Commonwealth v. Guaman (Lawyers Weekly No. 11-102-16)
Affirmed OUI manslaughter conviction; vacated duplicative felony motor vehicle homicide conviction. Continued driving after striking motorcyclist constituted wanton recklessness.