Commonwealth v. Ortiz (Lawyers Weekly No. 11-168-15)
Warrantless inventory search of vehicle unconstitutional when pretextual for drug investigation despite lawful initial stop and arrest.
Commonwealth
Commonwealth v. Colon (Lawyers Weekly No. 11-169-15)
Protective sweep of apartment during arrest warrant execution reversed where cooperative defendant opened door and attempted to leave with officers without resistance.
Commonwealth v. Doe (Lawyers Weekly No. 10-175-15)
Defendant with sex offense charge continued without a finding not subject to mandatory GPS monitoring under statute requiring GPS devices for persons placed on probation for sex offenses.
Santana v. Commonwealth (Lawyers Weekly No. 11-165-15)
Insufficient evidence of cocaine constructive possession may support threshold eligibility for erroneous conviction relief when evidence gap tends to establish actual innocence.
Commonwealth v. Occhiuto (Lawyers Weekly No. 11-159-15)
Reversed. Larceny by false pretenses conviction reversed due to improperly admitted hearsay. Misleading-police conviction reversed because sham investigation into fake crime was not a criminal investigation under statute.
Commonwealth v. French (Lawyers Weekly No. 11-158-15)
Latent fingerprint on window pane used to enter burglarized market, combined with circumstantial crime scene evidence, sufficiently supports conviction for breaking and entering and larceny.
Commonwealth v. Berardi (Lawyers Weekly No. 11-157-15)
Registered sex offender convicted of false registration information as second offender. Trial judge erred in limiting peremptory challenges but reversal requires showing prejudice; defendant failed to demonstrate unfair jury.
Commonwealth v. Lavrinenko (Lawyers Weekly No. 10-172-15)
Defense counsel's failure to inquire about client's refugee status constitutes deficient performance; refugee status is a special circumstance warranting substantial weight in prejudice analysis.
Commonwealth v. Henry (and a companion case) (Lawyers Weekly No. 11-155-15)
Defendant lawful permanent resident deported after conviction for abuse prevention order violations; trial judges failed to make adequate findings on ineffective assistance claim.
Commonwealth v. Tewolde (and five companion cases) (Lawyers Weekly No. 11-154-15)
Murder defendants challenged suppression rulings on interview statements, grand jury testimony, and cellular tower data. Court affirmed suppression of one defendant's statements based on involuntariness and Fifth Amendment violation.