Commonwealth v. Vargas (Lawyers Weekly No. 10-113-16)
Medical marijuana law does not immunize probation violations occurring before defendant became a qualifying patient under the statute.
Commonwealth
Commonwealth v. Diggs; Commonwealth v. Soto (Lawyers Weekly No. 10-112-16)
Defendants challenge pretrial detention orders under dangerousness statute. Court holds "held under arrest" includes any person arrested or subject to warrant for enumerated offense, regardless of custody status.
Commonwealth v. Wade (Lawyers Weekly No. 10-111-16)
Defendant seeking postconviction DNA testing satisfied statutory requirements by proving the requested analysis had not been developed at trial, eliminating need to establish any other enumerated reason.
Commonwealth v. Philbrook (Lawyers Weekly No. 10-109-16)
Murder conviction affirmed where prior bad act evidence properly admitted to show defendant's motive and state of mind, and juror misconduct claims rejected.
Commonwealth v. Abdallah (Lawyers Weekly No. 10-108-16)
Court affirms suppression of drugs found in backpack seized during arrest, holding the seizure unreasonable when practical alternatives existed.
Martinez v. Commonwealth (Lawyers Weekly No. 10-106-16)
Drug defendant's petition for discovery subpoena denied; extraordinary relief under G.L. c. 211, § 3 unavailable when discovery disputes can be addressed on direct appeal.
Commonwealth v. Castillo (Lawyers Weekly No. 11-091-16)
Appellate court vacates suppression order where trial judge's findings contradicted her own credited testimony about officer's observations of suspected drug transaction.
Commonwealth v. Resende (Lawyers Weekly No. 10-105-16)
Defendant seeking to withdraw guilty plea for drug distribution failed to establish egregious misconduct by Dookhan serving as setup operator for some samples, as opposed to chemist signing certificates.
Commonwealth v. St. George (Lawyers Weekly No. 11-090-16)
Drug distribution conviction affirmed where officers observed pickup, short suspicious drive to school parking lot, and defendant found with large cash sum and distribution documents.
Commonwealth v. Gilman (Lawyers Weekly No. 11-088-16)
Teacher convicted of rape and assault on student; Facebook chat messages properly authenticated and admitted; ineffective assistance claim properly declined on direct appeal.