Commonwealth v. Whitehead (Lawyers Weekly No. 11-032-14)
Officer justified in frisking student and searching backpack on college campus based on ammunition in vehicle, threatening decals, camouflage attire, and aggressive posture.
Officer justified in frisking student and searching backpack on college campus based on ammunition in vehicle, threatening decals, camouflage attire, and aggressive posture.
Murder defendants indicted 2002, charged 2010, challenged delay. Court reversed dismissal, finding defendants failed to assert speedy trial rights and suffered no prejudice.
Sexual dangerousness finding vacated and remanded where record unclear whether judge applied proper legal standard for evaluating likelihood of contact versus noncontact offenses.
Commitment as sexually dangerous person vacated where judge did not apply required legal standard for determining if defendant is a "menace" based on noncontact sexual offenses.
Defendant convicted of prior sexual offenses may be civilly committed as sexually dangerous person despite likelihood of only noncontact offenses if his conduct would place victims in reasonable apprehension of contact sexual offense.
Affirmed conviction for resisting arrest. Trial court properly denied peremptory challenge inquiry; evidence of challenged jurors' police connections provided race-neutral basis for strikes.
Assault conviction vacated where prosecutor improperly emphasized judge's prior finding that defendant was substantially likely to abuse victim; violation of abuse prevention order conviction affirmed.
Juvenile's motion to vacate admission to sufficient facts based on alleged parental coercion required evidentiary hearing rather than decision on affidavits alone.
Location of assault and battery is not an essential element of the crime and therefore immaterial to its proof.
Insufficient evidence to prove sex offender failed to notify registry board of address change; defendant merely staying with friend.