Commonwealth v. Smith (Lawyers Weekly No. 10-056-15)
Conviction affirmed; interested adult rule did not apply retroactively at time of defendant's interrogation, but court extends protection to seventeen-year-olds prospectively.
Commonwealth
Commonwealth v. Luckern (Lawyers Weekly No. 11-036-15)
Suspended prison sentences of three years or more qualify as sentences under the habitual offender statute, whether suspended wholly or partially at sentencing.
Commonwealth v. Nutter (Lawyers Weekly No. 11-035-15)
Defendant convicted of rape and child abuse challenged admissibility of statements to pastor, polygraph reference, and motor vehicle record. Appeals Court affirmed, finding no privilege violation or constitutional error.
Commonwealth v. Jessup (Lawyers Weekly No. 10-053-15)
Defendant convicted of murder under felony-murder rule after attempted armed robbery shooting. Court upheld jail's confiscation of defendant's letter to inmate girlfriend as consistent with First Amendment when applied under Turner reasonableness standard for prison regulations.
Commonwealth v. Ware (Lawyers Weekly No. 10-052-15)
Affirmed the denial of a broad postconviction discovery motion but remanded for narrower motion specific to charge involving chemist's analysis.
Commonwealth v. Cotto (Lawyers Weekly No. 10-051-15)
Defendant's guilty plea vacated where drug lab chemist's later-discovered evidence tampering cast doubt on plea reliability, despite insufficient proof misconduct preceded plea entry.
Commonwealth v. Cano (Lawyers Weekly No. 11-033-15)
Appeals Court vacated and remanded a defendant's motion to vacate a 1997 guilty plea to assault by means of a dangerous weapon based on counsel's failure to advise of immigration consequences, finding substantial issues of ineffective assistance and prejudice warranting hearing.
Commonwealth v. Almele (Lawyers Weekly No. 11-031-15)
Drug distribution conviction upheld where defendant emerged from house to sell prescription pills to undercover officer during controlled buy arranged by his nephew.
Commonwealth v. Hernandez (Lawyers Weekly No. 10-048-15)
Court affirms denial of supervisory relief from trial judge's exclusion of firearm-related testimony, holding routine evidentiary rulings require exceptional circumstances.
Commonwealth v. DaSilva (Lawyers Weekly No. 10-149-15)
Defendant convicted of murder in drive-by shooting. Court affirmed, holding grand jury testimony admissible under Daye, prior bad act evidence relevant to motive, and prosecutorial statements generally supported by record.