Commonwealth v. Guinan (Lawyers Weekly No. 11-127-14)
Convictions reversed where accident reconstruction expert lacked qualifications to testify about computer-assisted power steering system software.
Convictions reversed where accident reconstruction expert lacked qualifications to testify about computer-assisted power steering system software.
Convictions reversed where Commonwealth proved pill identity only through visual inspection and pharmaceutical database lookup, without chemical analysis or corroborating circumstances.
Murder conviction vacated where police violated Miranda rights by continuing interrogation after defendant invoked right to silence, prosecutor improperly used erroneously admitted statements and made character attacks in closing, and judge's mental impairment instruction omitted required limitations on extreme cruelty theory.
Conviction of first-degree murder affirmed. Defendant failed to demonstrate entitlement to extraordinary relief decades after conviction by not showing unavailable alternative remedies.
Hospital employer owes no duty of care to patients injured by former employee years later at separate institution in different state.
Police officer's accidental disability retirement allowance subject to statutory seventy-five percent cap where officer became member inactive upon earlier superannuation retirement.
Reversed suppression order; protective search of vehicle interior justified by reasonable suspicion despite negative patfrisks of occupants.
Double tax assessment upheld where taxpayers failed to file state returns for nearly twenty years, then filed returns grossly underreporting income by millions based on fraudulent federal returns.
Defendant convicted of indecent assault and battery on five-year-old grandniece. Appeals Court affirmed, holding defendant's passive role did not preclude conviction and intent could be inferred from permitting contact.
Mentally ill defendant's failure to take prescribed medication does not trigger the voluntary intoxication framework for determining criminal responsibility.