F.A.P. v. J.E.S. (Lawyers Weekly No. 11-072-15)
Harassment prevention order challenged. Judge misapplied law by requiring proof of fear rather than proof of alleged sex crime. Remanded.
Lawyers
Commonwealth v. Wallace (and a companion case) (Lawyers Weekly No. 10-105-15)
Nine-year delay in prosecution for murder. Speedy trial violated for one defendant based on Commonwealth negligence in obtaining custody; not violated for other due to defendant's flight.
Commonwealth v. Martinez (Lawyers Weekly No. 11-070-15)
Motor vehicle accident defendant's offer to provide license and registration information insufficient; statute requires information actually made known to other party.
Commonwealth v. Thompson (Lawyers Weekly No. 11-069-15)
Boating OUI statute's implied consent provision permits blood testing without constitutional protection against refusal. Statutory consent standard applies, not constitutional standard.
Adoption of Odetta (Lawyers Weekly No. 11-068-15)
Postadoption visitation with non-parent relative properly ordered where specific factual findings support child's best interests, including religious and cultural heritage preservation.
Commonwealth v. Libby (Lawyers Weekly No. 10-104-15)
Reversed as to pre-arrest statements; affirmed as to post-arrest statements. Pre-arrest interview was noncustodial, so Miranda did not apply. Post-arrest statements properly suppressed because defendant lacked clear understanding of right to appointed counsel.
Commonwealth v. Centeno (Lawyers Weekly No. 11-067-15)
Affirmed convictions for child sexual abuse. Evidence of similar subsequent misconduct admissible to show pattern and intent. Expert testimony about absence of injury properly limited.
Commonwealth v. Bastaldo (Lawyers Weekly No. 10-103-15)
Defendant convicted of mayhem and resisting arrest. Trial predated key eyewitness identification decisions; admission of in-court identifications proper under then-existing law.
Commonwealth v. Dorvil (Lawyers Weekly No. 10-102-15)
First express recognition of parental privilege defense to assault and battery; three-part test requiring reasonable force reasonably related to legitimate parental purpose without causing physical harm beyond minor marks or fleeting pain.
Commonwealth v. Dyette (Lawyers Weekly No. 11-066-15)
Cell phone search unlawful under Fourth Amendment; improperly admitted evidence not harmless beyond reasonable doubt; conviction reversed.