Commonwealth v. Aldrich (Lawyers Weekly No. 11-120-15)
Burglary and larceny convictions affirmed; attempted larceny conviction vacated as lesser included offense of larceny.
Commonwealth
Commonwealth v. Monroe (Lawyers Weekly No. 10-142-15)
Police threats concerning defendant's infant daughter made his custodial statements involuntary. Admission of videotaped confession at trial violated due process and was not harmless error.
Commonwealth v. Wright (Lawyers Weekly No. 11-116-15)
Venue for larceny by false pretense and public assistance fraud proper in Boston where department's central office processed and acted on defendant's false benefit applications.
Commonwealth v. Augustine (Lawyers Weekly No. 10-141-15)
Court holds defendant's cell site location information warrant required showing of probable cause under state constitution; affidavit supported probable cause in murder and arson investigation.
Commonwealth v. Robertson (Lawyers Weekly No. 11-115-15)
Affirmed convictions for rape and assault of a child. Prior sexual misconduct evidence against different victim properly admitted to show pattern, despite eight-year gap between incidents.
Commonwealth v. Sousa (Lawyers Weekly No. 11-114-15)
Reversed OUI-drugs conviction where difluoroethane, inhaled from computer cleaner, was not a substance defined in the governing statute; affirmed negligent operation conviction.
Commonwealth v. Curry (Lawyers Weekly No. 11-113-15)
Drug convictions affirmed where retesting by independent chemist after Dookhan's misconduct provided reliable evidence; no presumption of misconduct applies at trial.
Commonwealth v. Ramos (Lawyers Weekly No. 11-112-15)
Officer properly relied on RMV database showing vehicle stolen to make traffic stop; government records have sufficient reliability without applying informant credibility test.
Commonwealth v. Douglas (Lawyers Weekly No. 10-140-15)
Officers' suspicion regarding rear seat passengers dissipated when pat frisks found no weapons. However, defendant's exit without permission and shifting vehicle into drive provided reasonable suspicion justifying protective sweep.
Commonwealth v. Jones-Pannell (Lawyers Weekly No. 10-139-15)
Police lacked reasonable suspicion to seize defendant who kept hand in pants and fled when officers approached, in area that was not high crime.