Commonwealth v. Gonzalez (Lawyers Weekly No. 10-120-13)
Murder conviction affirmed where defendant stabbed victim; statements to police admissible despite lack of Miranda warnings; self-defense instruction properly denied.
Commonwealth
Commonwealth v. Morgan RV Resorts, LLC, et al. (and five companion cases) (Lawyers Weekly No. 11-089-13)
Judge must recuse herself from cases involving former firm despite no actual bias when appearance of impartiality might reasonably be questioned.
Commonwealth v. Letkowski (Lawyers Weekly No. 11-088-13)
Defendant convicted of kidnapping, robbery, and rape challenges seizure of ski mask and knife from car stop, invocation of Miranda rights, and references to his silence at trial.
Limbaugh v. Commonwealth (Lawyers Weekly No. 10-119-13)
Defendant cannot use emergency relief to challenge pretrial dismissal denial; direct appeal after conviction provides adequate remedy.
Flood v. Commonwealth (Lawyers Weekly No. 10-116-13)
Interlocutory review denied where civil commitment petitioner claims trial deadline violated; speedy trial violations reviewable on final appeal.
Commonwealth v. Correia (Lawyers Weekly No. 11-080-13)
Off-duty trooper's delivery of citation to defendant two days after violation, at end of trooper's first shift after returning to work, was timely under General Laws c. 90C, § 2.
Commonwealth v. Brown (Lawyers Weekly No. 11-079-13)
Defendant's statements during field sobriety test attempt were admissible because they resulted from his voluntary participation, not governmental compulsion, despite being testimonial.
Commonwealth v. Quinn (Lawyers Weekly No. 11-077-13)
Affirmed conviction for child rape. Therapist's testimony did not improperly vouch for victim's credibility. Rape shield statute precluded evidence of victim's pregnancy at disclosure.
Commonwealth v. Middlemiss (Lawyers Weekly No. 10-113-13)
Victim's statements identifying the defendant as his shooter were admissible as excited utterances and dying declarations despite confrontation clause concerns.
Commonwealth v. Hanright (Lawyers Weekly No. 10-114-13)
Defendant's notice of intent to offer mental-state expert testimony waives privilege and permits prosecution's expert to access defendant's medical and psychiatric treatment records.