Commonwealth v. Pacheco (Lawyers Weekly No. 11-039-15)
Police properly obtained juvenile's initial Miranda waiver with guardian present but violated his rights by monitoring and interrupting a mid-interrogation request to consult with his guardian.
Police properly obtained juvenile's initial Miranda waiver with guardian present but violated his rights by monitoring and interrupting a mid-interrogation request to consult with his guardian.
Reversal of conviction based on insufficient evidence of defendant's identity satisfies statutory eligibility requirement for erroneous conviction compensation.
Defendant convicted of murder denied duress defense. Court holds duress unavailable to both adults and juveniles; noncitizen juror requires showing of prejudice; public trial right procedurally waived.
Drug possession conviction affirmed despite insufficient probable cause for no-knock warrant; suppression denied where police acted in good faith.
Murder conviction affirmed where probable cause affidavit established nexus between crime and defendant's residence through his implausible account of items recovered near scene.
Murder conviction under joint venture theory upheld where defendant claimed lack of advance knowledge but aided the shooter's escape.
Assault and battery by hypodermic needle conviction affirmed where defendant thrust needle at officer, causing puncture wound requiring hospital treatment.
Anticipatory search warrant valid where police establish facts providing equivalent, not strict, compliance with stated triggering conditions and equal support for probable cause.
Murder conviction affirmed where defendant killed wife with mallet. Miranda warnings in Vietnamese adequate. Mental impairment instruction sufficient. Convictions not duplicative under elements-based test.
Dissemination statute implicitly required knowledge that recipient was a minor, preventing First Amendment overbreadth chilling protected speech.