Peterson v. Commonwealth (Lawyers Weekly No. 10-191-17)
Erroneous convictions statute eligibility requires reversal on grounds tending to establish innocence, not merely police misconduct or procedural error.
Commonwealth
Commonwealth v. Vazquez (Lawyers Weekly No. 10-192-17)
First-degree murder conviction affirmed. CSLI records harmless; prior bad act evidence erroneous but harmless; transferred intent instruction proper.
Commonwealth v. Khan (Lawyers Weekly No. 11-146-17)
Affirmed conviction for larceny in grandparent scam. Joint venture liability properly instructed; fingerprint evidence admissible; ineffective assistance claims rejected.
Commonwealth v. Morin (Lawyers Weekly No. 10-188-17)
Defendant convicted of felony murder is entitled to new trial where trial counsel failed to file motion to suppress improperly searched cellular telephone; search warrant affidavit lacked probable cause.
Commonwealth v. Facella (Lawyers Weekly No. 10-189-17)
Murder conviction affirmed where defendant's interferon-defense rebutted by evidence of pre-treatment violence against former girlfriends, despite temporal remoteness of incidents.
Commonwealth v. J.A., a juvenile (Lawyers Weekly No. 10-187-17)
Youthful offender statute's "serious bodily harm" language does not encompass harm to animals. Court affirmed dismissal of indictments but noted Commonwealth could pursue delinquency complaint.
Commonwealth v. Sullivan (Lawyers Weekly No. 10-186-17)
Affirmed. DNA match evidence from CODIS database was inadmissible hearsay but harmless error; nondisclosed proficiency test failures by lab analyst did not warrant new trial.
Commonwealth v. Bolton (Lawyers Weekly No. 11-144-17)
Legislature validly transferred Bellingham criminal jurisdiction from Norfolk to Worcester County. District Attorney for Worcester County properly prosecuted crime committed in Bellingham. Guilty plea affirmed.
Brangan v. Commonwealth (Lawyers Weekly No. 10-185-17)
Double jeopardy does not bar retrial after mistrial when sufficient evidence supports guilt and prosecutor misconduct, though serious, does not constitute knowing misrepresentation warranting dismissal.
Commonwealth v. Shipps (Lawyers Weekly No. 10-183-17)
Murder conviction upheld. Defendant's motion to stay gatekeeper application pending transcript completion was properly denied where he had ample time and sufficient materials to file a comprehensive application.