Claudio v. Commonwealth (Lawyers Weekly No. 10-018-14)
Defendant's petition for superintendence relief following normal appellate process properly denied.
Commonwealth
Commonwealth v. Labadie (and a companion case) (Lawyers Weekly No. 10-017-14)
Embezzlement convictions vacated where victim was federal credit union not covered by state bank embezzlement statute. Larceny by embezzlement is lesser included offense; remanded for conviction and resentencing on that charge.
Commonwealth v. Garcia (Lawyers Weekly No. 11-008-14)
Reversed. Trial judge erred in discharging a deliberating juror without proper hearing and in failing to instruct remaining jurors that discharge was personal, not case-related.
Commonwealth v. Molina (Lawyers Weekly No. 10-016-14)
Conviction affirmed where defendant made statements before custodial interrogation attached and where any Miranda error was harmless beyond reasonable doubt.
Commonwealth v. Almonte (Lawyers Weekly No. 11-006-14)
Motion to withdraw guilty plea vacated for lack of evidentiary hearing and findings when defendant's affidavit conflicted with plea documents.
Commonwealth v. Fontaine (Lawyers Weekly No. 11-004-14)
Marijuana decriminalization law does not prevent search warrant based on overwhelming odor and indicia of criminal drug distribution; firearm found in hidden compartment admissible under inevitable discovery.
Commonwealth v. Keo (Lawyers Weekly No. 10-013-14)
Murder conviction of sixteen-year-old affirmed; mandatory life sentence without parole vacated as unconstitutional under Miller v. Alabama and Massachusetts law.
Commonwealth v. Gupta (Lawyers Weekly No. 11-002-14)
Stalking conviction affirmed where defendant made 102 threatening calls from India and confronted victim in store, violating restraining order. Threat element requires intent to place victim in imminent fear, not imminent physical harm.
Commonwealth v. Labroad (Lawyers Weekly No. 10-006-14)
Defendant convicted of child rape was entitled to pretrial access to complainant's psychological records documenting her statements about the alleged assault.
Commonwealth v. Demers (Lawyers Weekly No. 10-007-14)
Petitioner denied extraordinary relief where adequate alternative remedy existed: right to appeal Superior Court's denial of trial motions to Appeals Court.