Massachusetts Criminal Defense Lawyer Blog

The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Jesse Carrillo, where the defendant was convicted of involuntary manslaughter based on providing heroin to the deceased.  The defendant was a heroin addict himself and the evidence at trial indicated that he went to New York…

The SJC decided the case of Commonwealth v. Quinton Williams finding that the trial judge did not error by excluding a juror who stated that the criminal justice system was rigged against young black Americans.  The SJC in the majority opinion and concurring opinion of the Chief Justice stated that…

The right of confrontation is the most important and cherished right for protecting an accused‘ a right to a fair trial in the United States.  It is preserved by the Sixth Amendment to the United States Constitution.  Judges have spoken of the right of confrontation in the following terms: With…

The Massachusetts Supreme Judicial Court affirmed Michelle Carter’s conviction for involuntary manslaughter.  The SJC began its decision by addressing what it decided in Michelle Carter’s first appeal to the SJC referred to as Carter I.  In Carter I, the SJC held that verbal conduct alone could overcome a person’s will…

In the case of Kansas v. Charles Glover, the State of Kansas is asking the United States Supreme Court to overturn a decision of the Kansas Supreme Court, finding that the police officer did not have reasonable suspicion to stop a motor where the police had information that the registered…

In the case of Mitchell v. Wisconsin, the United States Supreme Court has agreed to hear a case from Wisconsin addressing the issue of whether States can have a statute allowing warrantless blood draw of an unconscious suspect.   Wisconsin and 29 other States allow warrantless blood draws of an unconscious…

The Massachusetts decided Commonwealth v. Davis today further defining the law as it related to OUI marijuana in Massachusetts.  The Davis decision involved the issue of when the police have probable cause to arrest someone for OUI marijuana.   The SJC found that the judge correctly denied the motion to…

In a Massachusetts Criminal Trial, of any type, whether murder or an OUI, the verdict must be unanimous, meaning that all six jurors have to agree whether the verdict is guilty or not guilty.  If jurors cannot reach a unanimous verdict, it is called a hung jury and the Commonwealth…

Breath test evidence has not been used in Court in Massachusetts since August of 2017.  The reasons for this was based on discovery violations that were uncovered during the 9510 Breath test litigation in Commonwealth v. Ananias.  In November 2018, Judge Brennan held a hearing to determine when breath test…

  On January 7th, Actor Kevin Spacey will be arraigned on Indecent Assault and Battery charges out of Nantucket District Court.  Spacey’s lawyers requests that his presence be waived for the arraignment due to publicity from the case.  Spacey is charged with sexual assault of a teenager in a Nantucket bar.  …