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The Massachusetts SJC heard oral arguments on November 6, 2023 regarding two OUI Serious Injury cases involving accident and blood tests. The issue before the Court is whether the requirement that the State police obtain consent to test blood applies to both a simple OUI and a more serious OUI…
The Supreme Judicial Court for the Commonwealth of Massachusetts is set to decide in the coming weeks on a very controversial and important criminal case. Commonwealth v. Cuffee is set to clarify some pending arguments regarding the state of Equal Protection rights in Massachusetts. Should a defendant have to prove…
Patients that have received terminal diagnoses, such as cancer, frequently worry about end-of-life care and options. An option that is becoming permitted in states such as Oregon, Washington, Vermont, Colorado, California, Hawaii, Maine and New Jersey is physician assisted suicide or Medical Aid in Dying (MAID). Physicians and patients in…
Do You Have a Right to Privacy on Social Media? Many of us have privacy settings on social media, and restrict access to friends and family. However, is this enough for a court to find a reasonable expectation of privacy? The Massachusetts Supreme Judicial Court examined this question in Commonwealth…
Massachusetts Supreme Judicial Court to Hear Police Surveillance Case Under the Fourth Amendment and the United States Supreme Court precedent, there is a reasonable expectation of privacy from government intrusion that all Americans enjoy. The home is one of the most sacred places when it comes to privacy. It is…
The Fourth Amendment is one of the most important constitutional rights we have. The Fourth Amendment was added to the constitution out of the Founder’s frustration with so called “general searches” in colonial times. The authorities were allowed to search for anything at any time and the colonists were very…
Does a Zoom Trial Violate A Defendant’s Rights? The Massachusetts Supreme Judicial Court to Decide. Criminal defendants in this country have a right to trial in front of a jury of their peers. Additionally, the Sixth Amendment of the United States Constitution and Article Twelve of the Massachusetts Declaration of…
Massachusetts Supreme Judicial Court Decides Body Camera Case In the aftermath of the 2014 Michael Brown shooting by a law enforcement offer, police departments all across the country began to require officers to wear body cameras while on duty. Body cameras were meant to protect citizens from police misconduct. But,…
Massachusetts Supreme Judicial Court Decides Juror Discrimination Case During jury selection, attorneys are allowed to object to a proposed juror without giving a reason for the objection. This is called a peremptory challenge. However, attorneys throughout history have used peremptory challenges to strike jurors based on racial stereotypes. In the…
Massachusetts Supreme Judicial Court Decides Admissibility of Cell Site Location Information Cell site location information (CSLI) is a highly controversial form of evidence used in courts across the country. CSLI allows cell phone companies to give your location information to law enforcement if you are a suspect in a crime.…