Commonwealth v. Walters (Lawyers Weekly No. 10-158-15)
Facebook profile with gun photo and ambiguous statement about "justice" insufficient to prove stalking threat; other harassment convictions affirmed.
Commonwealth
Commonwealth v. Rezendes (Lawyers Weekly No. 11-147-15)
A pen is not an inherently deadly weapon under the armed career criminal statute, even though it qualifies as a dangerous weapon under common law.
Commonwealth v. Niemic (Lawyers Weekly No. 10-157-15)
Murder conviction vacated where prosecutor improperly appealed to sympathy and trial counsel failed to request reasonable provocation instruction; Commonwealth may accept manslaughter reduction or retry.
Commonwealth v. Valdez (Lawyers Weekly No. 11-143-15)
Guilty plea motion denied where defendant failed to show actual deportation or exclusion proceedings despite presumed lack of immigration warning.
Commonwealth v. Garcia (Lawyers Weekly No. 11-140-15)
Affirmed convictions for carrying unlicensed and loaded firearms. Jury trial waiver colloquy adequate; motion to suppress properly denied based on reasonable suspicion.
Commonwealth v. Vera (Lawyers Weekly No. 11-138-15)
Sex crime convictions affirmed. Internet search evidence for young-girl pornography admissible to prove intent and motive, not character, despite inflammatory nature.
Commonwealth v. Penn (Lawyers Weekly No. 10-153-15)
Murder conviction affirmed; sentence vacated and remanded for resentencing of juvenile offender to life with parole eligibility.
Commonwealth v. Mejia (Lawyers Weekly No. 11-132-15)
Defendant convicted of assault and battery under joint venture theory for shooting incident. Affirmed despite weak link between defendant and murder weapon; defendant forfeited objection by stating no objection at trial.
Commonwealth v. Camacho (Lawyers Weekly No. 10-152-15)
Murder conviction affirmed where surveillance footage and witnesses established the victim played no role in the fight preceding the shooting, making evidence of his prior violent acts irrelevant.
Commonwealth v. Cruz (Lawyers Weekly No. 11-131-15)
Convictions affirmed for caregiver whose elderly mother died of sepsis from neglected decubitus ulcers. Evidence of recklessness and non-duplicative convictions under two elder abuse statutes upheld.