Commonwealth v. Figueroa (Lawyers Weekly No. 10-099-15)
Convictions for mayhem and assault and battery by dangerous weapon not duplicative where jury instructions limited each conviction to separate injuries from independent acts.
Commonwealth
Commonwealth v. Moniz (Lawyers Weekly No. 11-064-15)
Affirmed convictions for rape and assault with intent to rape based on constructive force theory where childhood sexual abuse continued after victim reached sixteen.
Commonwealth v. Elliott (Lawyers Weekly No. 11-063-15)
Rape and indecent assault conviction affirmed where joinder of twin victims' charges was proper, prosecutor's closing argument did not improperly comment on defendant's silence, and hearing accommodation accommodations were adequate.
Commonwealth v. Kostka (Lawyers Weekly No. 10-098-15)
DNA compulsion from uncharged third party reversed where Commonwealth failed to establish sufficient relevance and importance of evidence against defendant's constitutional rights.
Commonwealth v. Camblin (Lawyers Weekly No. 10-096-15)
Breath test evidence admissible by statute remains subject to scientific reliability challenges. Vacated and remanded for hearing on Alcotest reliability.
Commonwealth v. Silva (Lawyers Weekly No. 10-094-15)
Murder conviction affirmed where defendant jumped on victim's chest during woods robbery, breaking sternum and ribs, and DNA evidence linked defendant's seized sneakers to victim's blood.
Commonwealth v. Jewett (Lawyers Weekly No. 10-093-15)
Officer may enter home without warrant in hot pursuit of driver suspected of jailable misdemeanor. Reckless operation charge established by erratic driving and near-collision with parked vehicle during police pursuit.
Commonwealth v. Warren (Lawyers Weekly No. 11-060-15)
Affirmed conviction for carrying a firearm. Reasonable suspicion justified stop where defendant matched general description of burglary perpetrators, was nearby minutes after crime, and fled police twice.
Commonwealth v. Asher (Lawyers Weekly No. 10-091-15)
Police officer convicted of assault and battery for repeatedly striking unarmed civilian with flashlight. Jury instruction errors regarding officer's status and duty to retreat held harmless.
Commonwealth v. Tavares (Lawyers Weekly No. 11-059-15)
Circumstantial evidence sufficiently established identity and knowledge in counterfeit currency case based on identical bills, proximity, timing, and consciousness of guilt.