The Supreme Judicial Court affirmed the defendant’s conviction of deriving support from prostitution in Commonwealth v. Brown, ruling that the statute (G.L. c.272, §7) is not unconstitutionally vague. The Court also ordered modifications to the model jury instructions for use in future prosecutions. The background was as follows. The defendant…
In Commonwealth v. Rosa (http://www.socialaw.com/services/slip-opinions/slip-opinion-details/commonwealth-vs.-michael-c.-rosa), the Appeals Court ruled that the evidence at the defendant’s bench trial — on a criminal complaint charging him with assault and battery by means of a dangerous weapon (shod foot) –“was sufficient to support the judge’s finding that at least one of the parental…
The SJC vacated the denial of the defendant‟s motion to withdraw his guilty plea in Commonwealth v. Lys and remanded the case because the judge, in evaluating the motion, “(1) might have failed to recognize his discretion to credit or discredit the defendant‟s affidavits [pertaining] to plea counsel‟s allegedly” inadequate…
The Appeals Court reversed the defendant’s conviction of domestic assault and battery on a family or household member in Commonwealth v. Wilson because the admission of testimonial out-of-court statements by the complainant, who did not testify at trial, violated the defendant’s right to confrontation. The background was as follows. At the…
In Commonwealth v. Owens, the Supreme Judicial Court agreed with the dissenting justice on the Appeals Court panel below and ordered suppression of “evidence discovered when police officers ‘froze’ a house while they obtained a warrant.” The basic facts presented at the hearing on the defendant’s motion to suppress were as…
In Commonwealth v. Moore, the Supreme Judicial Court clarified the admissibility of Bowden evidence and affirmed the defendant’s convictions of first degree murder and related offenses, despite the occurrence of two trial errors. The background was as follows. The victim “was shot … by a masked gunman during an armed…
In a recent decision – Commonwealth v. Martinez – the Supreme Judicial Court applied the holding of Nelsonv. Colorado, 137 S.Ct. 1249 (2017) and “provide[d] guidance to trial courts and litigants regarding the repayment [to a defendant] of probation fees, victim-witness assessments, restitution, fines, forfeitures, and court costs after a conviction has…
OLYMPUS DIGITAL CAMERA A divided panel of the Appeals Court reversed the denial of the defendant’s motion to suppress cocaine and other items seized from his vehicle in Commonwealth v. Barreto on the ground that the police did not have reasonable suspicion to issue the exit order that led to the…
In Commonwealth v. Goldman, the Appeals Court reversed the defendant’s convictions of “violating the provisions of two G.L. c.258E harassment prevention orders that required him to ‘remain away from [the protected persons’] residence,’” because the judge did not adequately instruct the jurors as to the meaning of the phrase “remain…
In Committee for Public Counsel Services & others v. Attorney General & others, the Supreme Judicial Court announced a comprehensive remedy for the evidence tampering by Amherst state laboratory chemist Sonja Farak and for “the deceptive withholding of exculpatory evidence by members of the Attorney General’s office, who were duty-bound…