In Commonwealth v. Wimer, the Supreme Judicial Court ruled that the defendant did not have to register as a sex offender because his two convictions for sex offenses – specifically, two convictions for open and gross lewdness – were adjudicated during the same proceeding, such that he did not have…
In a recent decision – Carpenter v. United States – the United States Supreme Court ruled that under the Fourth Amendment, the government must obtain a warrant supported by probable cause in order to procure from a telecommunication company the historical cell-site location information (CSLI) for a cellular telephone. The background…
In Commonwealth v. Crayton, the Appeals Court reversed the defendant’s convictions of possession of child pornography because the judge erroneously “deprived [the defendant] of eight peremptory challenges to which he was entitled during the first phase of the [bifurcated] trial.” The background was as follows. A “grand jury returned two…
In Commonwealth v. Alden, the Appeals Court affirmed the defendant’s conviction of intimidating a witness, ruling that the prosecutor’s cross-examination of the defendant was not improper even though it referred to facts that were not in evidence. The background was as follows. “The victim in the case, E.B., was the…
The U. S. Supreme Court recently ruled in Lagos v. United States that ruled that the Mandatory Victims Restitution Act of 1996 requires the restitution of expenses incurred during a victim’s participation in government proceedings, as opposed to proceedings conducted by the victim. The background was as follows. Petitioner Lagos “was convicted…
In Collins v. Virginia, the U. S. Supreme Court ruled that “the automobile exception [to the Fourth Amendment’s warrant requirement] does not permit [a police] officer without a warrant to enter a home or its curtilage in order to search a vehicle therein.” The background was as follows. An officer…
In Commonwealth v. Nascimento, the Supreme Judicial Court affirmed the dismissal of a complaint charging the defendant with operating a motor vehicle after his license had been administratively suspended for OUI on the ground that the statute under which the defendant was charged (G.L. c.90, §23, third par.) did not…
The SJC vacated the defendant’s stalking conviction in Commonwealth v. Torres because the judge erred (1) by denying the defendant’s motion pursuant to Mass. R. Crim. P. 17 for production of records in the Attorney General’s office pertaining to the complainant’s application to the victim compensation program; (2) by giving the…
The Supreme Judicial Court reversed the defendant’s conviction of unlawful possession of a loaded firearm, G.L. c.269, §10(n), in Commonwealth v. Brown because the evidence was insufficient to prove that the defendant knew that the firearm discovered by the police in the vehicle driven by the defendant was loaded. The background…
In Commonwealth v. Lee, the Supreme Judicial Court affirmed the defendant’s conviction of first-degree murder, rejecting the defendant’s contention that the judge seated a biased juror, thereby violating the defendant’s constitutional right to a fair and impartial jury. The background was as follows. The victim was the defendant’s father. A woman…