In Commonwealth v. Claudio, the SJC ruled that where “a guilty plea [was] negotiated by a defendant who qualified for an enhanced sentence due to a subsequently vacated predicate offense that had been tainted by [state laboratory chemist Sonja] Farak’s misconduct,” “such a defendant may challenge the guilty plea without…
In Commonwealth v Diaz Perez, the Supreme Judicial Court affirmed the allowance of the defendant’s motion for a new trial, agreeing with the trial court judge that the failure of the defendant’s successor trial counsel to investigate a crucial alibi witness, who had testified at an earlier mistrial, constituted ineffective…
In Commonwealth v. Goncalves-Mendez, the Supreme Judicial Court affirmed the allowance of the defendant’s motion to suppress, because the impoundment of his vehicle was unreasonable in light of his “passenger’s availability to drive and the failure by police to ask the defendant whether the passenger taking custody of the vehicle…
In Commonwealth v. Salmons, the Appeals Court reversed the allowance of the Commonwealth’s motion requesting that before returning the defendant’s unlawfully seized cell phones to him, the Commonwealth be permitted to “wipe” all data from the phones. The background was as follows. In response to a report of a domestic…
In Commonwealth v. Fernandes, the Supreme Judicial Court vacated the dismissal of the murder indictment against the adult defendant on the grounds that, contrary to the judge’s ruling, “the Commonwealth’s failure to provide instructions to the grand jury regarding the significance of the mitigating evidence it presented” did not impair…
Following a probation violation hearing, the Appeals Court affirmed the revocation of the defendant’s probation in Commonwealth v. Hamilton. The Court Court agreed with some of the grounds for revocation cited by the judge, but disagreed with the judge as to other grounds, including one that was based on unreliable…
In Commonwealth v. Pearson, the Appeals Court affirmed the denial of the defendant’s motion for receipt of “jail credits for overlapping periods of pretrial detention on … separate cases brought in” Norfolk and Middlesex Counties. The Appeals Court opined that the cases “were not related for purposes of applying jail…
In Commonwealth v. Watt, the Supreme Judicial Court reversed the denial of the defendant’s motion for a refund of the drug analysis fee that was imposed on him, but affirmed the denial of his motion for a refund of his inmate account fees. The background was as follows. In 2010,…
In a recent decision – Finn v. Commonwealth – the Supreme Judicial Court ruled that G.L. c.276, §58A, “permits a Superior Court judge to conduct a dangerousness hearing upon a defendant’s first appearance in that court, regardless of whether that appearance is pursuant to a summons or to an arrest…
In Commonwealth v. Petit-Homme, the Supreme Judicial Court reversed the denial of the defendant’s motion to withdraw his admission to sufficient facts, because during the defendant’s plea colloquy, the judge failed to give him the warning as to immigration consequences mandated by G.L. c.278, §29D. The background was as follows.…