Commonwealth v. Freeman (Lawyers Weekly No. 11-057-15)
Detective observed exchange of small object for money, preceded by suspect counting cash with known drug user in area with recent drug complaints.
Detective observed exchange of small object for money, preceded by suspect counting cash with known drug user in area with recent drug complaints.
Murder conviction affirmed where DNA and eyewitness testimony established defendant's guilt despite his claims of police inadequacy and third-party culprit evidence.
Judge properly reduced first-degree murder verdict to second-degree murder where evidence of deliberate premeditation was slim and defendant's youth, untreated mental illness, and troubled background pointed to lesser culpability.
Collateral estoppel bars Commonwealth from relitigating probation violation on same facts previously resolved in defendant's favor in different district court.
Juvenile prosecution as youthful offender requires evidence of explicit or implicit threat of serious bodily harm, not merely generalized potential for harm from heroin distribution.
Detective had reasonable suspicion to stop defendant based on nervous demeanor, rapid departure, bulge consistent with firearm, and high-crime neighborhood.
Defendant improperly barred from cross-examining witnesses about bias and motive to fabricate testimony. Reversal and new trial ordered.
Memory cards seized during search warrant execution were properly admitted under plain view doctrine despite not being listed in original warrant.
Murder conviction reversed on joint venture theory where judge's response to jury question about liability of aiders and abettors created miscarriage of justice risk.
Murder conviction affirmed where defendant failed to establish newly discovered evidence, prosecutorial misconduct, or ineffective assistance claims.