Commonwealth v. Fernandes

Docket NumberSJC-11732
Decision Date06 July 2020
The Supreme Judicial Court affirmed Defendant's convictions for murder in the first degree and assault and battery and several related orders denying postconviction relief, holding that each of Defendant's claims lacked merit Specifically, the Supreme Judicial Court held (1) the trial court did not err in denying Defendant's pretrial motion to suppress digital camera images; and (2) the Commonwealth violated its obligation under article 36 of the Vienna Convention on Consular Relations to...

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6 cases
  • Commonwealth v. Feliz
    • United States
    • Supreme Judicial Court of Massachusetts
    • December 23, 2020
    ...be inserted into small electronic devices, such as cellular telephones, laptop computers, or digital cameras. See Commonwealth v. Fernandes, 485 Mass. 172, 181, 148 N.E.3d 361, petition for cert. filed, U.S. Supreme Ct., No. 20-6343 (Nov. 16, 2020) (officer removed memory card from camera a......
  • Commonwealth v. Henley
    • United States
    • Supreme Judicial Court of Massachusetts
    • August 5, 2021
    ...there must be "specific, not speculative," evidence linking the device in question to the criminal conduct. Commonwealth v. Fernandes, 485 Mass. 172, 185, 148 N.E.3d 361 (2020), cert. denied, ––– U.S. ––––, 141 S. Ct. 1111, 208 L.Ed.2d 555 (2021). We are, however, mindful that "[s]earch war......
  • Commonwealth v. Lowery
    • United States
    • Supreme Judicial Court of Massachusetts
    • July 13, 2021
    ...a search warrant may issue, "[o]ur inquiry ... always begins and ends with the four corners of the affidavit." Commonwealth v. Fernandes, 485 Mass. 172, 183, 148 N.E.3d 361 (2020), cert. denied, ––– U.S. ––––, 141 S. Ct. 1111, 208 L.Ed.2d 555 (2021), quoting Commonwealth v. O'Day, 440 Mass.......
  • Commonwealth v. Sorenson
    • United States
    • Appeals Court of Massachusetts
    • November 16, 2020
    ...in 435 Mass. 1501 (2001). We review the denial of a motion for a new trial for an abuse of discretion. See Commonwealth v. Fernandes, 485 Mass. 172, 187 n.10, 148 N.E.3d 361 (2020). "We afford particular deference to a decision on a motion for a new trial based on claims of ineffective assi......
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