Commonwealth v. Lopes (Lawyers Weekly No. 11-070-16)
Defendant's Sixth Amendment right to public trial violated when trial court closed courtroom during jury empanelment without exploring reasonable alternatives to accommodate spectators.
Commonwealth
Commonwealth v. Trefry (Lawyers Weekly No. 11-069-16)
Dog owner convicted of subjecting animals to cruel conditions in filthy, trash-filled condemned house. Court holds confinement not required element of statute violation.
Commonwealth v. Winquist (Lawyers Weekly No. 10-081-16)
Murder conviction upheld where codefendant's statements made nearly two years after killings were admissible under joint venture exception because concealment efforts remained ongoing.
Commonwealth v. Broom (Lawyers Weekly No. 10-079-16)
Murder conviction affirmed. Cell site data warrant issue deemed not retroactive. Cell phone search erroneous but harmless. Juror note handling error harmless.
Commonwealth v. Resende (Lawyers Weekly No. 10-077-16)
Convictions resolved in a single prosecution count as one predicate offense under armed career criminal statute, even if offenses occurred on separate dates.
Commonwealth v. Hartfield (Lawyers Weekly No. 10-078-16)
Probationer's right to call witnesses in defense is distinct from right to confront witnesses whose hearsay is admitted. Judge erred in barring alleged victim's testimony solely because her hearsay was admitted.
Commonwealth v. Locke (and a companion case) (Lawyers Weekly No. 11-063-16)
Court affirms suppression where marijuana odor, nervousness, and rental agreement discrepancy failed to establish probable cause to search vehicle.
Commonwealth v. Lyons (Lawyers Weekly No. 11-062-16)
Postconviction DNA motion denied prematurely without discovery. Court vacates, remands for inspection of hair evidence and assessment of chain of custody.
Commonwealth v. Thompson (Lawyers Weekly No. 11-061-16)
Identity fraud convictions vacated as duplicative of credit card convictions. Receiving stolen property conviction vacated as legally inconsistent with credit card conviction. Credit card convictions affirmed despite erroneous admission of defendant's invocation of right to counsel.
Commonwealth v. Millien (Lawyers Weekly No. 10-075-16)
Defendant convicted of assault on six-month-old daughter with shaken baby syndrome injuries. Trial counsel ineffective for failing to retain medical expert to rebut prosecution's expert testimony. New trial ordered.