Commonwealth v. Chatman (Lawyers Weekly No. 10-164-13)
Vacated and remanded for evidentiary hearing on competency to stand trial motion in murder conviction, clarifying burden of proof and competency framework.
Commonwealth
Commonwealth v. Rosado (Lawyers Weekly No. 11-109-13)
Appeals Court reverses suppression order for vehicle stop where trooper seized bullwhip believed to be nunchuck, removed driver from car, and handcuffed him based on safety concerns.
Commonwealth v. Felt (Lawyers Weekly No. 10-163-13)
Personal interviews required for sexually dangerous person evaluations where defendant willing to be interviewed; noncompliant examiner's report inadmissible at trial.
Commonwealth v. Hanright (Lawyers Weekly No. 10-161-13)
Defendant indicted for murder and assault crimes arising from associate's armed robbery and escape. Court reversed dismissal, finding probable cause for joint venture liability for escape crimes when defendant knew associate had gun and faced severe penalties.
Commonwealth v. Marques (Lawyers Weekly No. 11-107-13)
Reversed motion to withdraw plea where Commonwealth failed to prove defendant received statutory immigration warning about admission to sufficient facts.
Commonwealth v. Galvin (Lawyers Weekly No. 10-159-13)
Defendant convicted and sentenced after Crime Bill reduced mandatory drug-trafficking minimums applies amendment retroactively to crimes committed before effective date.
Commonwealth v. Kindell (Lawyers Weekly No. 11-106-13)
Defendant denied right to cross-examine prosecution's sole witness about bias and motive to fabricate charge; reversal and new trial warranted.
Commonwealth v. Marte (Lawyers Weekly No. 11-100-13)
Affirmed convictions for four controlled cocaine purchases; reversed conviction for apartment seizure where erroneous drug certificate was sole evidence of composition.
Commonwealth v. Walker (Lawyers Weekly No. 10-158-13)
First-degree murder conviction affirmed. Statements properly admitted despite claims of involuntary waiver; Miranda and Rosario waivers were knowing and voluntary.
Commonwealth v. Feeney (Lawyers Weekly No. 11-098-13)
Appeals court reversed suppression of defendant's statements identifying cell phone after Miranda waiver, holding police ruse not dispositive.