Commonwealth v. Pagan (Lawyers Weekly No. 10-191-13)
School zone statute retroactively applied to reduce protected radius from 1,000 feet to 300 feet for all pending cases.
Commonwealth
Commonwealth v. Lee (Lawyers Weekly No. 10-192-13)
License suspension based on out-of-state OUI conviction does not satisfy G.L. c. 90, § 23, third paragraph; registry documents attesting to notice were inadmissible without testimony.
Commonwealth v. Berrios (Lawyers Weekly No. 11-136-13)
Admission to sufficient facts waives challenge to defects in complaint. CPSL can be imposed following a continuance without a finding when statute explicitly references that disposition.
Commonwealth v. Cartagena (Lawyers Weekly No. 10-187-13)
Plea withdrawal motion remanded where trial judge's vague recollection of inadequate colloquy practice was insufficient to rebut presumption of regularity without specific factual findings.
Commonwealth v. Quint Q., a juvenile (Lawyers Weekly No. 11-135-13)
Juvenile's mother present during police interrogation satisfied the interested adult requirement and did not coerce confession. Trial judge erred ruling on unraised grounds.
Commonwealth v. Canty (Lawyers Weekly No. 10-186-13)
Police officer may testify to defendant's apparent intoxication but not to impairment of driving ability. Indictment valid despite omitting element if it provides fair notice of crime charged.
Commonwealth v. Gorman (Lawyers Weekly No. 11-133-13)
Conviction reversed where jury instructions on joint venture liability failed to require proof that defendant knew accomplice was armed, despite that knowledge being an essential element.
Commonwealth v. Arias (Lawyers Weekly No. 11-132-13)
Murder conviction upheld where trial judge's jury instructions on defense of another, though incomplete, adequately conveyed the defense and the defendant did not preserve objections for appeal.
Commonwealth v. Galazka (Lawyers Weekly No. 11-131-13)
Affirmed conviction for statutory rape, aggravated rape, and assault and battery. Defendant must file sworn indigency affidavit with clerk before court must hear motion for extra fees.
Commonwealth v. Crapps (Lawyers Weekly No. 11-130-13)
Affirmed conviction for crack cocaine trafficking where constructive possession established by sole vehicle occupancy, suspected drug activity, and circumstantial evidence; extrapolated weight calculation permissible.