Commonwealth v. Gardner (Lawyers Weekly No. 10-034-14)
Defendant charged with drug distribution challenged convictions based on lab chemist misconduct, but chemist only served as notary on unrelated certificate, not as analyst.
Lawyers
Commonwealth v. Rodriguez (Lawyers Weekly No. 10-035-14)
Defendant who pleaded guilty based on drug analysis by a chemist later convicted of evidence tampering may withdraw his plea if he shows he would have tried the case had he known of her misconduct.
Commonwealth v. Rodriguez (Lawyers Weekly No. 10-035-14)
Defendant who pleaded guilty to drug charges based on evidence tested by a chemist later found to have committed widespread misconduct may withdraw his plea if he shows he would have gone to trial.
Commonwealth v. Davila (Lawyers Weekly No. 10-036-14)
Defendant's guilty pleas to drug charges vacated and remanded; must assert pleas were involuntary based on analyst misconduct.
Commonwealth v. Bjork (Lawyers Weekly No. 10-037-14)
Defendant convicted through guilty plea based on drug analysis by discredited chemist Annie Dookhan may challenge conviction under new presumption.
Commonwealth v. Torres (Lawyers Weekly No. 10-038-14)
Defendant's guilty plea to cocaine possession vacated and remanded where state chemist falsified drug test results.
Commonwealth v. Torres (Lawyers Weekly No. 11-021-14)
Police discovered a firearm during a valid inventory search of a towed vehicle. Affirmed convictions despite police failure to complete required inventory documentation form.
Wassenar v. Department of Environmental Protection (Lawyers Weekly No. 11-022-14)
Affirmed dismissal of judicial review challenge to DEP penalty where appellant failed to post required escrow or demonstrate inability to pay or substantial question of law.
Genovesi v. Nelson, et al. (Lawyers Weekly No. 11-023-14)
Financial advisor misrepresented collateralized debt obligation as low-risk Treasury-like investment, actually placing entire investment in speculative preference shares. Statute of limitations tolling upheld.
Commonwealth v. Negron (Lawyers Weekly No. 11-020-14)
Defendant charged with distributing controlled substances lacks standing to challenge warrantless search of alleged buyer where possession is not an essential element of distribution.