Commonwealth v. Cotto (Lawyers Weekly No. 10-051-15)
Defendant's guilty plea vacated where drug lab chemist's later-discovered evidence tampering cast doubt on plea reliability, despite insufficient proof misconduct preceded plea entry.
Lawyers
McCarthy, et al. v. The Governor, et al. (Lawyers Weekly No. 10-050-15)
Governor's judicial appointment power requires formal Council action; post-vote letter from councillor cannot retroactively constitute valid confirmation outside formal process.
Commonwealth v. Cano (Lawyers Weekly No. 11-033-15)
Appeals Court vacated and remanded a defendant's motion to vacate a 1997 guilty plea to assault by means of a dangerous weapon based on counsel's failure to advise of immigration consequences, finding substantial issues of ineffective assistance and prejudice warranting hearing.
Chiulli v. Liberty Mutual Insurance, Inc., et al. (Lawyers Weekly No. 11-032-15)
Appeals court affirms denial of anti-SLAPP motion by insurer sued for failing to offer reasonable settlement when liability became clear.
Doe v. Sex Offender Registry Board (Lawyers Weekly No. 11-030-15)
Affirmed level three sex offender classification where offender targeted minor online, misrepresented age, and traveled to meet her despite no prior record.
Commonwealth v. Almele (Lawyers Weekly No. 11-031-15)
Drug distribution conviction upheld where defendant emerged from house to sell prescription pills to undercover officer during controlled buy arranged by his nephew.
Commonwealth v. Hernandez (Lawyers Weekly No. 10-048-15)
Court affirms denial of supervisory relief from trial judge's exclusion of firearm-related testimony, holding routine evidentiary rulings require exceptional circumstances.
Commonwealth v. DaSilva (Lawyers Weekly No. 10-149-15)
Defendant convicted of murder in drive-by shooting. Court affirmed, holding grand jury testimony admissible under Daye, prior bad act evidence relevant to motive, and prosecutorial statements generally supported by record.
Commonwealth v. Cuevas (Lawyers Weekly No. 11-029-15)
Affirmed commitment of defendant as sexually dangerous person. Prior New York conviction properly authenticated through certified documents; presumption of regularity applied. Peremptory challenge issue not reached.
Commonwealth v. Cuevas (Lawyers Weekly No. 11-028-15)
Appeals Court affirmed civil commitment as sexually dangerous person. Prior out-of-state conviction properly admitted; presumption of regularity applied. Peremptory challenge allocation not reversible error.