OLYMPUS DIGITAL CAMERA In a recent decision issued by the SJC – Commonwealth v. Horne – the Court precluded “negative profiling” testimony. Specifically the Court held that it was improper to elicit testimony regarding the appearance of drug users, in conjunction with the argument that the defendant did not look like…
In Commonwealth v. Martin, the SJC addressed whether defendants whose convictions were vacated as a result of the Annie Dookhan drug lab scandal should be reimbursed for court fees paid prior to the allowance of the motion to vacate. The SJC decided against such reimbursement, stating that “there [was] no statutory…
According to a recent news article on www.Masslive.com, questions remain as to who was responsible for the Commonwealth’s failure to disclose exculpatory discovery to defense attorneys in the Amherst drug lab scandal. The scandal came to light in 2013, after state officials determined that one of the chemists working in…
In Commonwealth v. Laltaprasad, the SJC ruled that G. L. c. 211E, §3(e), does not “authorize[] a sentencing judge to depart from the mandatory minimum terms specified by statute for subsequent drug offenses,” where “the Legislature has not yet enacted into law sentencing guidelines recommended by the Massachusetts Sentencing Commission.”…
The issue of Annie Dookhan, the disgraced state chemist convicted of tampering with drug evidence in thousands of criminal cases, was once again in the headlines this past week. An article published by Courthouse News Service, addressed a recent hearing relating to the cases impacted by Dookhan’s misconduct. During the hearing,…
The Appeals Court recently issued a decision – Thompson v. Civil Service Commission – finding that the Boston Police Department’s drug screening method for screening its officers is flawed. The background of the case is as follows: the collective bargaining agreement between the Boston police officers’ union and the Boston Police Department…
According to an article in The Patriot Ledger, questions have arisen about the Braintree Police Department’s oversight of evidence held in their custody. While town officials have been relatively quiet about what is happening, the article states that the town has hired an outside investigator to conduct an audit of…
According to an article in the MetroWest Daily News, a Worcester man was recently arrested for various driving offenses because he admitted to officers that he had been smoking marijuana while operating his car. This past Wednesday, several officers were working on a detail on Union Avenue in Framingham when…
According to an article on the American Civil Liberties’ website, thousands of criminal defendants impacted by the Annie Dookhan/Hinton Drug Lab scandal still have not received justice. The article states that in May 2015, the Supreme Judicial Court issued a decision in Bridgeman v. District Attorney for Suffolk County. The decision…
According to an article in the MetroWest Daily News, three men fled from the vehicle they were traveling in during a traffic stop in Framingham earlier this week. The article states that the police pulled the car over for a traffic violation on Hollis Street. Although the driver initially pulled…