Watkins v. Commonwealth (Lawyers Weekly No. 10-128-14)
Juvenile charged with murder as adult seeks review of motion to dismiss. Court holds statutory forum transfer cannot be reviewed under G.L. c. 211, § 3 before trial.
Commonwealth
Commonwealth v. Baptista (Lawyers Weekly No. 11-083-14)
Affirmed convictions and sentence increase for child rape and assault. Rule 29(a) revision with stated reasons did not violate due process or chill appellate rights.
Commonwealth v. Peck (Lawyers Weekly No. 11-081-14)
Appeals Court reverses insurance fraud convictions where prosecutor improperly cross-examined defendant about unsubstantiated out-of-court statements.
Commonwealth v. Jordan (and a companion case) (Lawyers Weekly No. 10-124-14)
Commonwealth's late-filed interlocutory appeal from suppression order affirmed; new procedural framework established for future Rule 15 appeals.
Commonwealth v. White (Lawyers Weekly No. 10-122-14)
Search incident to arrest for prior drug offense unlawful; inventory search cannot transform into investigative examination without warrant; plain view seizure requires immediately apparent incriminating character.
Commonwealth v. Rex (Lawyer Weekly No. 10-118-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Overmyer (Lawyers Weekly No. 10-117-14)
Smell of unburnt marijuana alone does not establish probable cause to search vehicle absent evidence officers can reliably distinguish criminal from civil amounts by odor.
Commonwealth v. Craan (Lawyers Weekly No. 10-116-14)
Search of vehicle based solely on odor of unburnt marijuana violated Fourth Amendment where defendant never arrested and showed no impairment signs.
Commonwealth v. Santry (Lawyers Weekly No. 10-115-14)
Defendant cannot pursue interlocutory appeal from single justice's denial of leave to appeal pretrial motions; such rulings are reviewable only on direct appeal after conviction.
Commonwealth v. McGee (Lawyers Weekly No. 10-114-14)
First-degree murder conviction affirmed where trial judge properly allowed child witness to demonstrate victim's position during attack and excluded evidence of victim's sexual overture.