Commonwealth v. Demirtshyan (Lawyers Weekly No. 11-091-15)
Officer properly ordered driver to exit vehicle after driver lunged toward uninspected backseat area during traffic stop, creating reasonable safety concerns. Stun gun seizure upheld.
Officer properly ordered driver to exit vehicle after driver lunged toward uninspected backseat area during traffic stop, creating reasonable safety concerns. Stun gun seizure upheld.
Affirmed convictions for multiple rapes. One-on-one showup and photographic array identifications were admissible. Joinder of charges against multiple victims was proper based on common scheme.
Defendant convicted of unlicensed firearm possession must present evidence beyond expired license that he never sought renewal and received no denial notice to raise affirmative defense.
Conviction for murder in first degree affirmed. Trial counsel's failure to investigate defendant's psychiatric history fell below constitutional standards, but strategic choice to pursue self-defense instead of mental responsibility defense was not manifestly unreasonable.
Second-degree murder convictions affirmed where joint venture exception to hearsay rule permitted admission of co-conspirator statements made years after crime concerning witness intimidation.
Officers seized defendant without reasonable suspicion when questioning escalated from vehicle to sidewalk intrusion during early morning encounter.
Defendant cannot use chapter 211, section 3, to obtain interlocutory review of denial of motion to dismiss based on speedy trial violation.
Defendant serving weekend sentence at house of correction failed to report and charged with escape. Court holds constructive custody and temporary release between weekend commitments supports escape conviction.
Defendant must show reasonable probability he would not have pleaded guilty had judge warned of possible civil confinement as sexually dangerous person, despite such consequence being collateral rather than direct.
Unprovoked punch to delivery person's head causing fatal skull fracture constituted involuntary manslaughter by wanton and reckless conduct; felony-murder submission did not prejudice conviction.