The SJC recently issued a decision – Commonwealth v. Onyx White – affirming the allowance of the defendant’s motion to suppress the fruits of a search of his cellular telephone The Court affirmed the trial court’s decision on the grounds that the police lacked probable cause to initially seize the telephone…
The Supreme Judicial Court recently issued a decision addressing the affirmative defense of lack of criminal responsibility. In the case – Commonwealth v. Lawson – the SJC affirmed the defendant’s convictions for assault and battery on a police officer, resisting arrest, and related offenses. Although the Court found that the judge…
According to a recent article on Masslive.com, the Massachusetts Sentencing Commission recently held a public hearing on the possibility of changing state sentencing guidelines. The hearing addressed a number of sentencing related topics, including whether Massachusetts should impose a period of mandatory supervised release on all individuals who are released from…
The Supreme Judicial Court recently issued a decision – Commonwealth v. Campbell – affirming the allowance of the defendant’s motion to suppress on the ground that his operation of the vehicle, which had been rented by his mother, did not constitute use without authority under G. L. c. 90, § 24(2)(a),…
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…
The Supreme Judicial Court recently issued two decisions – Commonwealth v. Teixeira and Commonwealth v. Meade – that will have a significant impact on the discovery process in certain criminal cases going forward. There are two types of cases in Massachusetts – misdemeanors and felonies. Massachusetts District Courts and the Boston…
The Supreme Judicial Court recently issued a decision in a case addressed in this blog earlier this year: Commonwealth v. Neary-French. In its decision, the SJC held that a defendant does not have a right to counsel under the Sixth and Fourteenth Amendments to the United States Constitution, or art. 12…
Last month, the Supreme Judicial Court issued a decision addressing judicial notice of immigration consequences to non-citizens who plead guilty to a criminal case. The case – Commonwealth v. Valdez – reverses the denial of the defendant’s motion for a new trial where the judge who conducted the defendant’s plea colloquy…
On Sunday, July 31, 2016, the Massachusetts Legislature concluded formal sessions for the 2015-2016 Legislative Session. Although bills that require roll call votes can no longer move forward, numerous pieces of legislation remain alive and can be enacted during informal sessions until midnight on Tuesday, January 3, 2017. This can…
The Supreme Judicial Court recently issued a new decision on two companion cases – Commonwealth v. Diggs and Commonwealth v. Soto. The decision addresses pre-trial detention under the dangerousness statute (G.L. c.276, §58A) and under what circumstances the Commonwealth may move for dangerousness. This statute specifically allows the Commonwealth to…