According to a recent article in The Patriot Ledger, proof of major errors made in the Braintree Police Department’s evidence room is continuing to mount. The article states that a recently released audit of the department’s evidence room indicated that thousands of items have gone missing, or are unaccounted for.…
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…
White wine bottle in an ice bucket, macro close up with copy space According to an article in the MetroWest Daily News, a Framingham woman who was recently arrested for operating under the influence sang to the officers that arrested her. The article states that the police reportedly found the…
OLYMPUS DIGITAL CAMERA According to an article in the MetroWest Daily News, a man involved in a car crash on Route 9 in Southborough fled the scene after he was pulled out of his smoking car. The article states that the driver rolled his car during the course of the…
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…
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…
On August 8, 2016, the SJC issued a decision in Commonwealth v. Henry, holding that judges must take a defendant’s ability to pay into consideration when assessing whether to order restitution, and in determining the amount of restitution that a defendant can be ordered to pay. The Court also set…
In July of 2015, amendments to the Massachusetts Rules of Professional Conduct took effect. The revisions covered a wide range of issues, including post-trial communications with jurors. Such commuication is specifically governed by Mass. R. Prof. C. 3.5(c). The revised rule now permits lawyers to contact jurors after their discharge without first…