Commonwealth v. Mercado (Lawyers Weekly No. 10-048-16)
Noncitizen defendant's motion for new trial based on ineffective assistance of counsel regarding deportation consequences of guilty plea to drug possession, remanded.
Lawyers
Public Employee Retirement Administration Commission v. Bettencourt (Lawyers Weekly No. 10-047-16)
Pension forfeiture upon criminal conviction constitutes a fine subject to Eighth Amendment excessive fines limits. Complete forfeiture of officer's $659,000 pension for misdemeanor computer crimes held unconstitutionally excessive.
Cooper v. Commonwealth (Lawyers Weekly No. 10-046-16)
Appeal denied where appellant failed to file new notice of appeal after receiving extension, though court expressed concern the appeal should have proceeded.
Commonwealth v. Drapaniotis (Lawyers Weekly No. 11-038-16)
Conviction for theft of operable firearm reversed where only evidence of operability was uncorroborated decade-old hearsay that salesman said gun worked.
Commonwealth v. Mazariego (Lawyers Weekly No. 10-045-16)
Murder conviction affirmed; aggravated rape conviction dismissed as duplicative. Miranda statements properly obtained; interrogation techniques not coercive.
Commonwealth v. Bonilla (Lawyers Weekly No. 11-037-16)
Larceny conviction affirmed where defendant deposited bad checks into new bank accounts and withdrew funds before checks cleared. Uttering conviction reversed; writing a bad check is not uttering a false instrument.
Van Liew v. Stansfield (Lawyers Weekly No. 10-044-16)
Anti-SLAPP appeals from District Court proceed directly to Appeals Court. Campaign speech criticizing elected official is protected political expression, not harassment.
Drummer Boy Homes Association, Inc. v. Britton, et al. (Lawyers Weekly No. 10-043-16)
Condominium association may file successive actions to establish multiple priority liens over first mortgage for unpaid common expenses spanning successive six-month periods.
Commonwealth v. Keene (Lawyers Weekly No. 11-036-16)
Radio bulletin describing vehicle occupants as armed and dangerous, issued without reasonable suspicion, violated Fourth Amendment despite responding officers' reasonable reliance.
Commonwealth v. Oliveira (and a companion case) (Lawyers Weekly No. 10-042-16)
Impoundment of lawfully parked vehicle unconstitutional where driver offered reasonable alternative and police ignored it.