Commonwealth v. Morales
461 Mass. 765
Mass.2012Background
- Morales was convicted of first-degree murder on three theories, armed robbery, and kidnapping.
- Defendant timely appeals, challenging suppression rulings, ineffective assistance claims, and closing argument.
- Police questioned Morales after a missing-person report; initial contact occurred at 40 Truman Circle, where he cooperated.
- Morales gave three video-recorded statements (Dec 9–10) following Miranda warnings; later, bloody jeans and other forensic evidence emerged.
- Victim’s body was found in Monson after Morales aided in locating the scene; discovery linked him to the crime.
- Cellular telephone evidence was suppressed due to lack of warrant, while other suppressions were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statements and evidence suppression was proper | Commonwealth | Morales | Motion to suppress denied; most evidence admissible |
| Voluntariness of the second and third statements | Commonwealth | Morales | Statements voluntary beyond a reasonable doubt |
| Delay/arrest-related Miranda/ Rosario issues | Commonwealth | Morales | Rosario safe harbor does not mandate suppression; waivers valid |
| Duty to inform about appointed counsel communications under art. 12 | Commonwealth | Morales | McNulty error found; harmless beyond a reasonable doubt |
| Closing argument misstatement and ineffective assistance claims | Commonwealth | Morales | Misstatement isolated; no reversal; sleep deprivation and intoxication instructions lacked merit |
Key Cases Cited
- Commonwealth v. Rosario, 422 Mass. 48 (Mass. 1996) (six-hour Rosario rule for arrest delays not applicable to voluntary questioning)
- Commonwealth v. Mavredakis, 430 Mass. 848 (Mass. 2000) (bright-line duty to inform attorney efforts to contact; waiver burden on Commonwealth)
- Commonwealth v. McNulty, 458 Mass. 305 (Mass. 2010) (failure to convey attorney’s substance can render waivers inoperative; harmless error analysis applied)
- Commonwealth v. Beland, 436 Mass. 273 (Mass. 2002) (outlines article 12 versus federal rights; duty to inform on attorney contact)
- Commonwealth v. James, 424 Mass. 770 (Mass. 1997) (voluntary intoxication not required where not debilitating)