Alicea v. Commonwealth (Lawyers Weekly No. 10-151-13)
Issue preclusion bars relitigation of a federal court's determination that plaintiff was not entitled to a one-year prison sentence, even against a different defendant in state court.
Commonwealth
Commonwealth v. Moody (and four companion cases) (Lawyers Weekly No. 10-152-13)
Massachusetts wiretap statute authorizes interception of cellular telephone calls and text messages despite not being amended since 1968.
Commonwealth v. Rivas (Lawyers Weekly No. 10-154-13)
Duplicative firearm convictions must be vacated under double jeopardy principles, but sentencing judge has discretion to choose which conviction when lesser included offense carries higher penalty.
Commonwealth v. Huggins (Lawyers Weekly No. 11-096-13)
Affirmed. Defendant cannot challenge probable cause after conviction. Motion to dismiss complaint decided from complaint application without hearing unless Commonwealth consents.
Commonwealth v. Mercado (Lawyers Weekly No. 10-148-13)
Court affirmed first-degree murder conviction on premeditation and cruelty theories despite insufficient evidence for felony-murder theory.
Commonwealth v. Bertini, et al. (Lawyers Weekly No. 10-147-13)
Buccal swab order for DNA testing remediable on direct appeal; interlocutory review properly denied under general superintendence power.
Commonwealth v. Lezynski (Lawyers Weekly No. 10-144-13)
Expert witness improperly testified to quantitative toxicology results without having performed the tests. Error harmless where overwhelming independent evidence of possession with intent to distribute fentanyl existed.
Commonwealth v. Charles, et al. (Lawyers Weekly No. 10-138-13)
Superior Court judges have inherent authority to stay execution of sentences pending new trial motions in exceptional circumstances. Special magistrates lack such authority but may make proposed findings for judicial review.
Commonwealth v. Tatum (Lawyers Weekly No. 10-139-13)
Defendant arrested in third party's home under arrest warrant cannot challenge validity of search warrant or police entry lacking warrant, only whether police had reasonable belief defendant was present.
Commonwealth v. Coffman (Lawyers Weekly No. 11-092-13)
Sex offender convicted of failure to register; trial judge properly rejected defendant's uncorroborated protective custody defense as implausible and inconsistent.