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.
Weekly
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.
Commonwealth v. DeJesus (Lawyers Weekly No. 11-027-15)
Best evidence rule does not require original currency when identity, not contents, is at issue in drug distribution prosecution.
Diatchenko, et al. District Attorney for the Suffolk District, et al.; Commonwealth v. Roberio (Lawyers Weekly No. 10-046-15)
Juveniles serving mandatory life sentences for first-degree murder entitled to appointed counsel, expert witness funding, and certiorari review in parole proceedings to ensure meaningful opportunity for release.
Commonwealth v. Okoro (Lawyers Weekly No. 10-047-15)
Mandatory life sentence with parole eligibility after fifteen years for juvenile murderer does not violate Eighth Amendment or state constitution.
Commonwealth v. Butler (Lawyers Weekly No. 11-025-15)
Appeals Court vacates sua sponte dismissal of drug charges where prosecutor failed to produce untested drug analysis certificate due to lab backlog.
Ventrice v. Ventrice (Lawyers Weekly No. 11-026-15)
Mandatory mediation before filing court action violates right of free access to courts. Custody award vacated where judge failed to weigh guardian ad litem recommendation and substantial evidence.
Souza, petitioner (Lawyers Weekly No. 11-024-15)
Commonwealth provided sufficient evidence of sexual dangerousness for jury consideration; trial judge erred in directing verdict and in limiting jury's reliance on expert testimony.