Commonwealth v. Dragotta (and one companion case) (Lawyers Weekly No. 11-021-16)
Mother and boyfriend convicted of inflicting multiple fractures on five-week-old infant. Sufficiency of evidence and expert testimony issues affirmed on appeal.
Commonwealth
Commonwealth v. Coggeshall (Lawyers Weekly No. 10-024-16)
Reckless endangerment of child statute requires subjective awareness of risk. Probable cause existed despite intoxication where defendant knowingly walked tracks with child.
Commonwealth v. Zammuto (Lawyers Weekly No. 11-018-16)
District Court properly tried defendant in absentia after he failed to appear mid-trial without good cause. Civil rights conviction affirmed despite retaliation claim.
Commonwealth v. Chamberlin (Lawyers Weekly No. 10-023-16)
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Commonwealth v. Lovering (Lawyers Weekly No. 11-017-16)
Constructive possession of firearm not established where defendant absent from apartment for month. Conviction for unlicensed possession reversed; gun storage and abuse prevention violations affirmed.
Commonwealth v. Dykens (Lawyers Weekly No. 10-021-16)
Attempted burglary convictions for separate acts at different entry points of single dwelling are not duplicative. Rock is not a burglarious implement.
Commonwealth v. Garcia (Lawyers Weekly No. 11-016-16)
Conviction reversed where trial court admitted testimony about private marital conversation through third party, violating spousal disqualification statute protecting confidentiality of spousal communications.
Commonwealth v. McWilliams (Lawyers Weekly No. 10-020-16)
Affirmed convictions for armed robbery and attempted robbery. Volunteered statements made after safe harbor period do not require suppression absent police questioning or coercion.
Commonwealth v. Johnson (Lawyers Weekly No. 10-018-16)
Suppressed eyewitness identification obtained through suggestive circumstances unrelated to police misconduct, applying common-law fairness principles where danger of unfair prejudice substantially outweighs probative value.
Commonwealth v. Firmin (Lawyers Weekly No. 11-015-16)
Trial judge impermissibly coerced jury by invoking deadlock instruction before deliberations began and emphasizing court inconvenience and practical time pressure.