Commonwealth v. Ballard (Lawyers Weekly No. 11-011-18)
SDP commitment permitted when petition filed during valid imprisonment, even if guilty pleas later vacated for trial error unrelated to statutory unconstitutionality.
Commonwealth
Josh J., a juvenile v. Commonwealth (Lawyers Weekly No. 10-017-18)
Court holds Commonwealth may revoke bail under either § 58 or § 58B when defendant released under § 58 commits crime; both statutes satisfy due process.
Commonwealth v. Cole C., a juvenile (Lawyers Weekly No. 11-008-18)
Juvenile Court lacked jurisdiction over youthful offender indictments issued after defendant turned eighteen, judge held. Appeals Court reversed, finding statute permits prosecution between eighteenth and nineteenth birthdays.
Kennedy, et al. v. Commonwealth, et al. (Lawyers Weekly No. 11-007-18)
Regional school district withdrawal legislation upheld as constitutional despite affecting only one town. Individual plaintiffs lacked standing; governmental entities cannot challenge state law constitutionality.
Commonwealth v. McGonagle (Lawyers Weekly No. 10-012-18)
Victim impact statements including sentencing recommendations are constitutional in noncapital cases when considered by judges, who can weigh them dispassionately without being unduly influenced.
Cepeda v. Commonwealth (Lawyers Weekly No. 10-007-18)
Juvenile indicted for murder denied interlocutory review of dismissal motion; brain development instruction not required at grand jury stage.
Elliot v. Commonwealth (Lawyers Weekly No. 10-008-18)
Conviction of murder upheld where defendant, age seventeen at time of offense, was not entitled to juvenile court transfer hearing because juveniles at that time included only those under seventeen.
Commonwealth v. Curran (Lawyers Weekly No. 10-006-18)
Incompetent defendant charged with sex offense may raise insanity defense at hearing determining whether he committed charged acts, reversing exclusion of expert testimony.
Commonwealth v. Cousin (Lawyers Weekly No. 10-004-18)
Court rejected defendant's claim of actual conflict of interest where trial counsel represented a police officer in unrelated civil case while defending defendant in murder prosecution.
Commonwealth v. Lopes (Lawyers Weekly No. 10-003-18)
First-degree murder conviction affirmed where Commonwealth properly excluded young jurors, admitted gang evidence for motive, excluded unrelated misconduct evidence, and prosecutor's aggressive closing argument received curative instruction.