Commonwealth v. Tassone (Lawyers Weekly No. 10-106-14)
Vacated and remanded where DNA expert lacking laboratory affiliation could not be meaningfully cross-examined about reliability of underlying testing data.
Commonwealth
Commonwealth v. Morse (Lawyers Weekly No. 10-103-14)
Motorboat collision kills child. Reversed conviction for misleading police officer; affirmed homicide conviction.
Commonwealth v. Cole (Lawyers Weekly No. 10-097-14)
Court vacates community parole supervision for life sentences, holding that delegating sentencing power to the parole board violates the separation of powers doctrine in Article 30.
Commonwealth v. Parrillo (Lawyers Weekly No. 10-101-14)
CPSL sentence vacated as unconstitutional delegation of judicial sentencing power to executive parole board; remanded for resentencing within double jeopardy constraints.
Commonwealth v. Torres (Lawyers Weekly No. 10-096-14)
Violation of an abuse prevention order is not a lesser included offense of assault and battery on a protected person; both convictions permissible without violating double jeopardy.
Commonwealth v. Marrero (Lawyers Weekly No. 11-064-14)
Defendant cannot collaterally attack validity of abuse prevention order in subsequent criminal prosecution. Prior inconsistent statements properly admitted to impeach credible witness despite claimed memory loss.
Commonwealth v. Powell (Lawyers Weekly No. 10-095-14)
Defendant arrested for larceny at 1:30 p.m., interrogated about murder at 11:45 p.m. Statements suppressed under Rosario rule barring admission of prearraignment statements made more than six hours after arrest.
Commonwealth v. Hourican (Lawyers Weekly No. 11-060-14)
Breathalyzer test results with .022 differential fail to meet regulatory .02 tolerance requirement; regulation ambiguous, suppression warranted.
LeBaron v. Commonwealth (Lawyers Weekly No. 10-093-14)
Sex offender's petition for extraordinary relief denied where claimed trial errors were properly raised in pending direct appeal.
Commonwealth v. Jones-Pannell (Lawyers Weekly No. 11-059-14)
Officers observed man at midnight with hand inside pants in area with documented gang and gun activity; evasion of police justified investigative stop.