Commonwealth v. Riley (Lawyers Weekly No. 10-071-14)
First-degree murder conviction for father who directed overmedication and withheld medical care from critically ill four-year-old daughter affirmed; ineffective assistance claims rejected.
Commonwealth
Commonwealth v. Elangwe (Lawyers Weekly No. 11-038-14)
Affirmed conviction for rape despite arguments of newly discovered evidence, ineffective assistance, and prosecutorial misconduct relating to civil lawsuit.
Commonwealth v. Shea (Lawyers Weekly No. 10-069-14)
Violation of out-of-state protection order prosecuted in Massachusetts is governed by Massachusetts law. Massachusetts adequately instructed jury on accident and incidental contact elements.
Commonwealth v. Duncan (Lawyers Weekly No. 10-067-14)
Emergency aid exception extends to warrantless police entry to rescue animals in danger; court considered animal welfare statutes in reaching decision.
Commonwealth v. Forbes (Lawyers Weekly No. 11-036-14)
Affirmed. Second search warrant supported by probable cause independent of prior illegal warrantless search; informant's statements and police corroboration sufficient.
Commonwealth v. Johnston (Lawyers Weekly No. 10-063-14)
Murder conviction affirmed. Defendant's mental illness defense rejected where prosecution showed rational conduct after shooting and inconsistent delusions.
Commonwealth v. Hearns (Lawyers Weekly No. 10-064-14)
Affirmed denial of motion to suppress surreptitious recording; reversed denial of motion to suppress custodial statements made after suspect invoked right to remain silent.
Commonwealth v. Abrahams (Lawyers Weekly No. 11-034-14)
DNA evidence admissible where defendant remained in custody despite end of sentence when blood sample was collected.
Commonwealth v. Sealy (Lawyers Weekly No. 10-059-14)
Defendant convicted of rape could not obtain victim's counseling records on speculation they might support his consent defense based on alleged immigration motive to fabricate.
Commonwealth v. Sealy (Lawyers Weekly No. 10-059-14)
Defendant convicted of rape challenged exclusion of evidence of victim's prior sexual assault and denial of pretrial discovery of victim's counseling records. Court affirmed, finding defendant failed to make requisite showing of relevance.