Commonwealth v. Miller (Lawyers Weekly No. 10-129-16)
Murder conviction affirmed where defendant lacked standing to challenge basement search and new trial denied despite juror concerns about extraneous materials.
Commonwealth
Commonwealth v. Valdez (Lawyers Weekly No. 10-127-16)
Defendant convicted in 1989 of motor vehicle larceny moved to vacate, claiming judge failed to warn of exclusion from U.S. admission risk. Supreme Judicial Court vacated conviction and remanded for new trial.
Commonwealth v. Neary-French (Lawyers Weekly No. 10-126-16)
Defendant has no right to counsel when deciding whether to submit to breathalyzer test, even after 2003 amendments created per se OUI violation based on .08 blood alcohol level.
Commonwealth v. Riz (Lawyers Weekly No. 11-100-16)
Probation condition forbidding defendant from "minimizing" his sexual crimes violates due process as unconstitutionally vague.
Commonwealth v. Brangan (Lawyers Weekly No. 10-124-16)
Mistrial order granted after jury verdict remains unappeallable when motion was brought before verdict; judge's deferral of ruling served judicial efficiency and fairness.
Commonwealth v. Olivier (Lawyers Weekly No. 11-097-16)
Indictment for rape by force charged subsequent offense; defendant convicted of lesser included statutory rape offense. Court held indictment put defendant on notice of potential subsequent offense enhancement for lesser offense.
Commonwealth v. Flores Lopez (Lawyers Weekly No. 10-120-16)
Defendant indicted for cocaine trafficking and school-zone drug crimes sought interlocutory appeal after judge denied suppress motion. Single justice denied leave to appeal; defendant appealed that denial. Appeal dismissed; no right to full-court review of single-justice denials.
Commonwealth v. Ruffin (Lawyers Weekly No. 10-118-16)
Defendant's guilty pleas not invalidated where Annie Dookhan tested substances after plea accepted, since misconduct postdating pleas cannot retroactively induce them.
Felton v. Commonwealth (Lawyers Weekly No. 10-119-16)
Petition to stay reinstated sentences pending U.S. Supreme Court certiorari petition denied; Appeals Court, not Supreme Judicial Court, has jurisdiction.
Commonwealth v. Henry (Lawyers Weekly No. 10-116-16)
Restitution must account for defendant's ability to pay and cannot justify extended probation. Retail theft damages measured by replacement value unless Commonwealth proves items would have sold.