Commonwealth v. McGowan (Lawyers Weekly No. 10-011-13)
Storage law requiring secured firearms when not under owner's control does not violate Second Amendment rights of self-defense in the home.
Storage law requiring secured firearms when not under owner's control does not violate Second Amendment rights of self-defense in the home.
Storage statute is not unconstitutionally vague and does not violate the Second Amendment. Reversed conviction under carrying statute due to insufficient evidence. Reversed storage conviction due to deficient jury instruction on locked container requirement.
Juvenile's motion to vacate plea denied where he failed to prove absence of interpreter or ineffective assistance of counsel despite lengthy delay and destroyed records.
Rape conviction affirmed. Force element amply supported by evidence. Force and threat of bodily injury not separate theories requiring jury unanimity.
DNA expert testimony admissible where state chemist compared defendant's DNA profile to commercial laboratory profile without testifying to underlying analysis.