Owens v. Commonwealth (Lawyers Weekly No. 10-086-13)
Interlocutory appeal of motion to dismiss denial unavailable absent single justice decision on merits or reservation for full court review.
Commonwealth
Commonwealth v. Lewis (Lawyers Weekly No. 10-081-13)
Conviction reversed due to prosecutor's improper closing argument characterizing defendant and defense as "street thugs" and a "sham," inviting jury to decide case irrationally.
Commonwealth v. Bartlett (Lawyers Weekly No. 10-080-13)
Police officer's out-of-jurisdiction traffic stop authorized by municipal mutual aid agreement when erratic driving presented immediate danger to public safety.
Commonwealth v. Britt (Lawyers Weekly No. 10-078-13)
Murder convictions affirmed where defendant and boyfriend killed two men in 80-second shooting. Court rejects claims of hearsay error, prosecutorial misconduct, and ineffective counsel.
Commonwealth v. Clagon (Lawyers Weekly No. 10-074-13)
Court reversed suppression order, holding affidavit established probable cause drug dealer kept heroin supply at premises based on controlled purchases and surveillance observations.
Commonwealth v. Gomes (Lawyers Weekly No. 10-075-13)
Judge cannot consider defendant's trial testimony as perjurious when imposing sentence. Perceived perjury at sentencing constitutes reversible error creating substantial miscarriage risk.
Commonwealth v. Rivera (Lawyers Weekly No. 11-058-13)
First complaint testimony of sexual abuse properly admitted one week after victim initially disclosed only physical abuse; rescue plan evidence admissible; mental health records subpoena denied.
Commonwealth v. Spencer (Lawyers Weekly No. 10-072-13)
Trial judge properly excluded portions of defendant's police statements and jailhouse calls as unequivocal denials, inadmissible police accusations, or more prejudicial than probative. Affirmed.
Commonwealth v. F.W. (Lawyers Weekly No. 10-069-13)
Adult half-sister may vicariously consent to recording vulnerable child's communications with alleged abuser under federal wiretap statute's consent exception.
Devlin v. Commonwealth (Lawyers Weekly No. 11-053-13)
Civil commitment facility resident assaulted by criminal inmate trustee. Commonwealth liable for violating statutory duty to house civilly committed separately from convicted criminals.