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The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Lindsay Hallinan which allows someone seeking a new trial based on an OUI plea or conviction involving breath test results between 2012 and 2019 to receive a new trial without fear of harsher penalties from the Court or Registry…
The Impact of OUI Cases Involving the Draeger Alcotest 9510 breathalyzer test A case on appeal with the Supreme Judicial Court of Massachusetts presents several novel and important issues that could affect potentially tens of thousands of operating under the influence (OUI) cases in the state. In Commonwealth of Massachusetts…
Will Affirmative Action in College Admissions Become A Thing of the Past? Supreme Court May Decide. Minorities in this country, specifically Black Americans, have suffered unthinkable injustices on the basis of race. The Supreme Court in the controversial 2003 case of Grutter v. Bollinger the Supreme Court held that using race as…
The Fourth Amendment precludes police officers from entering a home without a warrant; one of the exceptions to this requirement is when consent to search is given. The Massachusetts Appeals Court addressed the issue of who can consent to a search in the case of Commonwealth v. Richard Santos decided…
In February, the United States Supreme Court was asked to consider whether a misdemeanor child endangerment conviction may be grounds for removal of a lawful resident immigrant under the Immigration and Nationality Act. The Court recently denied certiorari, allowing the petitioner’s removal to proceed. This decision effectively endorses an expansive…
The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Thomas Gerhardt raising the issue of whether field sobriety tests should be admissible for an OUI marijuana arrest. While it is difficulty to predict how judges will decide from questions, here are my thoughts. The Justice…
The Massachusetts Supreme Judicial Court will review a decision from Judge DeAngelo out of the Worcester District Court holding that field sobriety tests are unreliable when attempting to determine if a driver is under the influence of marijuana. The case was argued once before at the SJC as Judge DeAngelo…
There was no verdict in the Justin Ross Harris hot car death trial. Lawyers delivered closing arguments in the Justin Ross trial. The defense argued that it was an accident that Justin Ross left his infant son Cooper in a hot car that caused his death. Ross’ lawyer Maddox Kilgore…
The Massachusetts Supreme Judicial Court found that the police had no reasonable suspicion to stop a black male walking on the streets in Roxbury believed to be a suspect in a breaking and entering. As result of the seizure, the police found a hand gun; the Court ordered it suppressed…
The Connecticut State Supreme Court has upheld the abolishment of the death penalty, including for death-row inmates in the re-examination of the case of State v. Santiago. Last August, the Court held that the death penalty was unconstitutional following the legislature’s abolition of capital punishment three years ago. The legislature…