A Massachusetts trial judge, Mark Sullivan, in the case of Commonwealth v. Anthony Daen, denied the defendant’s request for a Daubert-Lanigan hearing in a group of Massachusetts drunk driving cases that were consolidated for the Honorable Judge Mark Sullivan out of the Lawrence District Court. The case involved 60 defendants…
Massachusetts Criminal Defense Lawyer Blog
Bristol County District Attorney proposes having defendants sign waiver to allow criminal trials to proceed when defendants fail to appear in court
Bristol County District Attorney Sam Sutter’s proposal to move trials forward even if the defendant fails to appear would be declared unconstitutional by the Massachusetts Supreme Judicial Court. In an effort to decrease the number of defendant’s who fail to appear in court, the Bristol County District Attorney has proposed…
United States Supreme Court decision limits the scope of federal habeas corpus relief of State court criminal convictions
The United States Supreme Court, in the case of Harrington v. Richter, decided, January 19, 2011, held that a trial counsel was not ineffective under the federal habeas corpus statute, called the Antiterrorism and Effective Death Penalty Act of 1996, when his trial counsel did not pursue a defense involving…
United States Supreme Court to hear oral arguments in the case of Kentucky v. King addressing the Fourth Amendment Exigent Circumstance exception to the warrant requirement.
On January 12, 2011, the United States Supreme Court will hear oral arguments in the case of Kentucky v. King. This case addresses the issue of what test should courts apply when police conduct creates the exigent circumstances relied on as the exception to the warrant requirement. The briefs in…
Brockton, Massachusetts criminal defense lawyer comments on recent decision involving Miranda warnings from the Florida Supreme Court.
As a Brockton Criminal defense lawyer, a recent case from the Florida Supreme Court raises significant issues regarding when and how police must provide Miranda warnings under the Constitution. The case of Ross v. State, is a case where the defendant was convicted of first degree murder of his parents…
Massachusetts drug crimes lawyer comments on case before Maryland Court of Appeals regarding disclosure of confidential informant
In many Massachusetts drug arrests, the police will claims as a basis for obtaining a search warrant of a residence that a confidential informant provided information that the residence was being used for drug trafficking or distribution. As a Massachusetts drug crimes lawyer, it is sometimes necessary to file a…
Forensic science plays role in few Massachusetts criminal cases
The Boston Globe recently published an excellent report on the impact television forensic shows, such as CSI, have in the real-world courtroom. In reality, a Massachusetts criminal defense lawyer can frequently challenge the available evidence in many crimes — it is the defendant’s statements that are much more likely to…
The Massachusetts Court of Appeals decided a significant case for Massachusetts Domestic Assault and Battery Lawyers
The Massachusetts Court of Appeals decided a significant case for Massachusetts Domestic Assault and Battery Lawyers. In Commonwealth v. Belmer, decided October 14, 2010, the Massachusetts Appeals Court permitted an affidavit in support of a 209A restraining order to be used as substantive evidence. This ruling was critical because the…
Challenging a Massachusetts OUI drug charge in Court and attacking the drug recognition officer
Charge of driving under the influence of drugs, DUI or OUI drugs are on the rise in Massachusetts and throughout the country. Police departments have undertaken increased training of officers in order to detect motorists under the influence of drugs. A charge of OUI drugs in Massachusetts can be difficult…
United States Supreme Court to hear oral argument in Sixth Amendment Confrontation Clause case of Michigan v. Bryant
The United States Supreme Court will hear oral argument in the Sixth Amendment Confrontation Clause case of Michigan v. Bryant on October 5th. In Bryant, a case from Michigan, the victim of a crime was injured from a gunshot wound and gave a description of the shooter to police. The…