Genentech v. Commissioner of Revenue (Lawyers Weekly No. 10-012-17)
Biotech company qualifies as manufacturer under tax law. Single-factor apportionment formula does not violate commerce clause; applies uniformly to all manufacturers.
Weekly
Commonwealth v. Calvaire (Lawyers Weekly No. 10-010-17)
Dismissal date for incompetent defendant calculated using Superior Court maximum sentence regardless of court where prosecution pending; statute constitutional.
Commonwealth v. Meneus (Lawyers Weekly No. 10-009-17)
Police lacked reasonable suspicion to seize defendant based on vague description of suspects and proximity to shooting scene.
Commonwealth v. Horne (Lawyers Weekly No. 10-008-17)
Conviction vacated where expert testimony describing typical physical characteristics of crack cocaine addicts used to prove defendant was dealer, not user.
Adoption of Zak (and two companion cases) (Lawyers Weekly No. 11-004-17)
Parents retain standing to participate in remand hearing on posttermination visitation following termination of parental rights when visitation was part of original proceeding.
Commonwealth v. Grassie (Lawyers Weekly No. 10-006-17)
Murder conviction affirmed where evidence showed defendant invited fight, positioned himself to fight vastly outnumbered, carried concealed knife, and stabbed brothers with preexisting intent.
Oggiani v. Chief Justice of the Trial Court, et al. (Lawyers Weekly No. 10-007-17)
Deputy assistant register's removal upheld where statute gives register discretionary authority to remove designation with chief justice approval, and employee had no protected property interest.
Commonwealth v. Robinson (Lawyers Weekly No. 12-001-17)
Public trial violation during jury selection constitutes structural error requiring automatic reversal without showing prejudice when defendant and counsel were unaware of the closure.
Commonwealth v. Cawthron (and three companion cases) (Lawyers Weekly No. 11-003-17)
Police witnessed suspected drug transaction in parking lot, approached defendants at their cars, separated them, and asked brief investigative questions. Encounter was Terry stop, not custodial interrogation requiring Miranda warnings.
Commonwealth v. Martinez (Lawyers Weekly No. 10-005-17)
Affirmed first-degree murder conviction where redacted news broadcast was properly admitted as context for defendant's confessions to shooting, given extensive redactions and limiting instructions.