Commonwealth v. Locke (and a companion case) (Lawyers Weekly No. 11-063-16)
Court affirms suppression where marijuana odor, nervousness, and rental agreement discrepancy failed to establish probable cause to search vehicle.
Weekly
Commonwealth v. Lyons (Lawyers Weekly No. 11-062-16)
Postconviction DNA motion denied prematurely without discovery. Court vacates, remands for inspection of hair evidence and assessment of chain of custody.
Peterborough Oil Company, LLC v. Department of Environmental Protection (Lawyers Weekly No. 10-076-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Thompson (Lawyers Weekly No. 11-061-16)
Identity fraud convictions vacated as duplicative of credit card convictions. Receiving stolen property conviction vacated as legally inconsistent with credit card conviction. Credit card convictions affirmed despite erroneous admission of defendant's invocation of right to counsel.
Commonwealth v. Millien (Lawyers Weekly No. 10-075-16)
Defendant convicted of assault on six-month-old daughter with shaken baby syndrome injuries. Trial counsel ineffective for failing to retain medical expert to rebut prosecution's expert testimony. New trial ordered.
Commonwealth v. Meneide (Lawyers Weekly No. 11-060-16)
Officers validly ordered driver from vehicle based on suspicious concealment, but backseat armrest search exceeded protective scope after pat frisk revealed no weapon.
Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., et al. (Lawyers Weekly No. 10-074-16)
Attorney's gender discrimination and retaliation claims survive summary judgment based on evidence of disparate treatment, stereotypical comments, and temporal proximity to protected complaints.
Commonwealth v. Villalobos (Lawyers Weekly No. 11-059-16)
Defendant convicted of involuntary manslaughter and assault after street altercation. Affirmed on sufficiency of evidence, judicial response to sleeping juror reports, closing argument, and counsel performance.
Commonwealth v. Thomas (Lawyers Weekly No. 11-058-16)
Aggravated rape conviction affirmed despite exclusion of victim's prior convictions and no direct intent to cause injuries.
Opinion of the Justices to the Senate (Lawyers Weekly No. 10-073-16)
The Justices declined to answer whether a bill making barrier beaches public property complies with takings provisions, citing ambiguous language and insufficiently developed facts.