Commonwealth v. Luckern (Lawyers Weekly No. 11-036-15)
Suspended prison sentences of three years or more qualify as sentences under the habitual offender statute, whether suspended wholly or partially at sentencing.
Weekly
Commonwealth v. Nutter (Lawyers Weekly No. 11-035-15)
Defendant convicted of rape and child abuse challenged admissibility of statements to pastor, polygraph reference, and motor vehicle record. Appeals Court affirmed, finding no privilege violation or constitutional error.
Commonwealth v. Jessup (Lawyers Weekly No. 10-053-15)
Defendant convicted of murder under felony-murder rule after attempted armed robbery shooting. Court upheld jail's confiscation of defendant's letter to inmate girlfriend as consistent with First Amendment when applied under Turner reasonableness standard for prison regulations.
Commonwealth v. Ware (Lawyers Weekly No. 10-052-15)
Affirmed the denial of a broad postconviction discovery motion but remanded for narrower motion specific to charge involving chemist's analysis.
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.
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.