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The Massachusetts Supreme Judicial Court heard oral argument in the case of Tirado v. Board of Appeals addressing the issue of whether a CWOF qualifies as a conviction for the purposes of CDL license suspensions. In Souza v. Registrar of Motor Vehicles, 462 Mass. 227 (2012), the SJC held that…
The Massachusetts Appeals Court in an unpublished decision ruled that the lack of an operator’s manual for the new breath test machine did not bar admission of the test results into evidence. The decision was an unreported decision. This decision has been anticipated for almost a year by Massachusetts OUI…
In Commonwealth v. Crayton, 470 Mass. 228 (2014), the SJC issued an important decision regarding in court identification testimony. The SJC held that if there is no prior identification of the defendant by the witness prior to trial, then an identification for the first time in court is unnecessarily suggestive…
What happens if you are arrested at an OUI roadblock? In this Blog, I will explain the three things you need to know to confront the charge. First, understand that your first court appearance will be for arraignment. This is not a date that the court expects you to resolve the…
The news this week of errors with breath testing in Massachusetts has had a major impact on the prosecution of drunk driving cases and raises the potential of hundreds of wrongful convictions and or wrongful pleas that were not supported by accurate evidence. One reason this has occurred is the…
According to a news report in MyFoxBoston, Prosecutions in Essex County have stopped using breath test results as a problem has arisen with the calibration of the machine. This report was confirmed by several other media outlets. According to one report, the problem arose in a case out of the…
Where does the case against Ernest Wallace and Carlos Ortiz stand? While the prosecution did a great job proving that Aaron Hernandez orchestrated a murder, the charges against Ortiz and Wallace seem to be based on the fact that they were present with Hernandez at the time. Mere presence at…
In the end, the detail after detail that the prosecution provided convinced the jury beyond a reasonable doubt that Hernandez murdered Odin Lloyd. Jurors spoke after the verdict with one juror leading the discussion and indicating that the testimony of Robert Kraft was critical as Hernandez would not have known…
The prosecution rested its case against Aaron Hernandez today after 39 days of trial. Friday, the parties will address legal issues relating to a motion for required finding of not guilty by the defense, where the defense attorneys will argue to the judge that the Commonwealth has not presented enough…
Last week during the Aaron Hernandez trial there were a few great examples of cross examination issues that reoccur at criminal trials. One was impeaching a witness with a prior inconsistent statement. During the Cross Examination of Hernandez Lawyer Michael Fee, the witness, Kwami Nicholas continued to deny making any…