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Massachusetts Supreme Judicial Court Decides Miranda Rights Case, Can a Person Re-Invoke Their Right to Have an Attorney Present? Many of us know from film and television that we have the right to remain silent after being arrested. This is one part of our Miranda rights. But what happens when…
Many cities across the country use unreliable measures to justify racially motivated, unconstitutional, stops and searches disguised as a traffic stop. In Commonwealth v. Bailey-Sweeting, the Supreme Judicial Court has the opportunity to make one of these incidents right. Despite the Black population of New Bedford making up just 7%…
Massachusetts Supreme Judicial Court Decides Parent-Child Testimony Privilege In Massachusetts evidence law, there are limits on who may give testimony in various civil and criminal proceedings. One set of limitations is found in a Massachusetts statute that applies to the testimony of a parent or minor child against another in…
The Sixth Amendment promises the right to confront an adverse witness. However, when the witness is on the other end of a 911 call, this can lead to tricky constitutional issues. The Massachusetts Supreme Judicial Court will soon decide a confrontation clause issue in Commonwealth v. Rand. Hopefully, the SJC…
What type of cell phone information can the police obtain without a warrant? This is an important question under the 4th amendment that the Massachusetts Supreme Court recently addressed. Nowadays, nobody leaves their cell-phones out of their sight, and a cell phone is almost an extension of a person’s body. …
Uber and Lyft drivers are all over Massachusetts; while the number of people traveling with RideShare has certainly decreased with COVID-19, there are still a significant number of Lyft and Uber drivers on the road. What happens if you are involved in an accident with Uber or Lyft or have…
The Massachusetts SJC will decide whether putting a home on AirBNB creates a duty to prevent harm that occurs on the property. What duty of care does an AirBNB owner need to provide? Nowadays, most of us have some sort of “side hustle.” The internet and apps make having a…
The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Charles Bohigian today holding that a blood draw without the consent of the defendant is inadmissible into evidence. This case arose out of the Westborough District Court and was transferred to Worcester District Court for trial. The defendant was…
Massachusetts statute allows for a person to be involuntarily hospitalized for an extended period of time if a physician or police officer believes that the person is a danger to themselves or others as a result of their mental illness. In the Matter of J.P., J.P. a mentally ill man…
The Massachusetts Supreme Judicial Court made it easier for defendant to show race improperly played a role in prosecutors using a peremptory challenge on a juror by eliminating the requirement that a defendant show a pattern of conduct in excluding minority jurors. Prosecutors no longer get a free opportunity to…