Commonwealth v. Hernandez (Lawyers Weekly No. 10-205-15)
Armed robbery and home invasion murders; warrantless vehicle search; inevitable discovery; joint trial joinder.
Armed robbery and home invasion murders; warrantless vehicle search; inevitable discovery; joint trial joinder.
Conviction affirmed for sexual assault on intellectually disabled woman. Term "intellectual disability" constitutional; legislature merely modernized language from "mentally retarded."
Medical examiner's deposition improperly admitted without adequate finding of unavailability under Housewright; harmless error where testimony cumulative and not essential to guilt determination.
Affirmed convictions for motor vehicle insurance fraud based on circumstantial evidence of knowledge regarding staged accidents, including number of participants, absence of emergency responders, and attorney's avoidance of direct client contact.
Murder conviction affirmed where medical records, DNA evidence, and victim's clothing properly admitted; prosecutor's arguments not improper.
Armed home invasion guilty plea upheld where defendant remained in empty dwelling after resident's return and confronted him with loaded pistol.
Conviction for operating under the influence affirmed. Breathalyzer test results properly admitted where periodic testing and field testing used different cylinders. Judge did not abuse discretion reopening evidence after defendant's vague objection.
Denial of c. 211, § 3 petition affirmed where defendant exhausted ordinary appellate review; extraordinary superintendence power exercised sparingly, not as additional appellate layer.
Defendant seeking resentencing on harshness and ineffective-assistance grounds not entitled to extraordinary relief when direct appeal is pending.
Denial of interlocutory relief from ruling admitting witnesses in civil commitment case affirmed where party has adequate appellate and trial remedies.