The Appeals Court affirmed the denial of the defendant’s motion to dismiss indictments charging drug offenses, in Commonwealth v. Polanco. In its decision, the Appeals Court ruled that the time that elapsed while the charges were pending in District Court should not be included in the speedy trial calculation under…
The Appeals Court recently reversed the defendant’s conviction of armed robbery while masked in Commonwealth v. Anitus, finding that “there was insufficient evidence to support” a conclusion that DNA found on items at the crime scene was placed there during the commission of the crime. The background was as follows.…
In Commonwealth v. Richardson, the Supreme Judicial Court reversed the defendant’s conviction of unlawful cultivation of medical marijuana because “the jury were not properly instructed as to the standard for evaluating whether a defendant exceeded the home cultivation limit,” and because “the evidence was insufficient to support such a finding.”…
In a disappointing decision – Commonwealth v. Faherty – the Appeals Court affirmed the defendant’s conviction of operating a motor vehicle while under the influence of alcohol (OUI), fourth offense. In the decision, the Appeals Court specifically ruled that a defendant’s conviction as “a subsequent offen[der] may be based on a…
In recent decision – Commonwealth v. Escobar – that Supreme Judicial Court reversed the denial of the defendant’s motion to withdraw her plea of guilty of identity fraud pursuant to G.L. c.266, §37E(b), because in the Court’s view, the defendant did not receive “‘anything of value’” when she lied to a police…
In Commonwealth v. Rivers, the Appeals Court ordered suppression of the defendant’s inculpatory statements to the police because they were induced by improper promises of leniency and, therefore, were not shown to be voluntary beyond a reasonable doubt. The background was as follows. The defendant was involved in “[a] group…
In J.H. v. Commonwealth, the Supreme Judicial Court responded to two reported questions from a Juvenile Court judge, ultimately ruling that: (1) where the Juvenile Court judge found no probable cause for the crime charged (forcible rape of a child) but did find probable cause for the lesser included offense of…
According to a recent news article in Commonwealth Magazine, Governor Charlie Baker signed a sweeping criminal justice reform bill into law on April 13, 2018. The bill had been passed by both the House and Senate earlier this month. The major provisions of the new law are as follows: Decriminalizes minor…
In a recent decision – Commonwealth v. Harris – the Appeals Court reversed the denial of the defendant’s motion to suppress a firearm seized by the police because the police lacked reasonable suspicion justifying the stop of the defendant. The basic facts were as follows. On the afternoon in question, three…
The United States Supreme Court reversed a judgment of the Court of Appeals for the District of Columbia Circuit in Class v. United States. The U.S. Supreme Court specifically ruled that in pleading guilty, the defendant, Class, did not waive his right to a direct appeal on the ground that…