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Criminal Law

Complaint’s statement excluded in sexual battery case (access required)

Where defendant is charged with sexual battery, the court denies his motion to admit the complaint’s statement made during sexual intimacy with defendant’s son that “she … would do anything to help her get ahead at work.’” Overview The trial ...

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Inevitable discovery can’t rescue unlawful search (access required)

Where the search of the defendant’s car was unlawful, the government could not rely on the inevitable discovery doctrine because there was no evidence that, based on the traffic violations alone, the officer would have arrested the defendant or impounded ...

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Evidence did not support reckless driving conviction (access required)

Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

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