Massachusetts Criminal Defense Lawyer Blog

Massachusetts Appellate Court Decides Stop and Frisk Case  The controversial police method of stop and frisk had been heavily debated since its inception. However, some courts have held stop and frisks to be legal so long as there is a reasonable justification. The Massachusetts Appellate Court looked at this issue…

Can a person be convicted of homicide despite having no weapon, no intention, and no reason to kill a co-conspirator? The United States Supreme Court may decide this in the case of City of Hayward v. Jessie Lee Jetmore Stoddard-Nunez.  On March 2nd, 2017, Jessie Stoddard-Nunez and his younger brother Shawn…

Massachusetts Supreme Judicial Court Decides Body Camera Case  In the aftermath of the 2014 Michael Brown shooting by a law enforcement offer, police departments all across the country began to require officers to wear body cameras while on duty. Body cameras were meant to protect citizens from police misconduct. But,…

Escalators are unique machines as they are in constant use but are rarely under supervision. Courts have considered under what circumstances manufacturers, installers, owners, or maintainers of escalators can be liable for injuries resulting from an escalator. Common Carriers In the United States, a common carrier is a person or…

Massachusetts Supreme Judicial Court Decides Juror Discrimination Case  During jury selection, attorneys are allowed to object to a proposed juror without giving a reason for the objection. This is called a peremptory challenge. However, attorneys throughout history have used peremptory challenges to strike jurors based on racial stereotypes. In the…

Occasionally, an upcharge of prices for a service is an honest mistake or a misunderstanding. However, when a worker overcharges a person on purpose, this can be considered larceny. In Commonwealth v. Watterson the Massachusetts Appeals Court examined a case where a defendant targeted and overcharged elderly customers for his services.  Defendant…

Massachusetts Supreme Judicial Court Decides Admissibility of Cell Site Location Information Cell site location information (CSLI) is a highly controversial form of evidence used in courts across the country. CSLI allows cell phone companies to give your location information to law enforcement if you are a suspect in a crime.…

A sex abuse and Fourth Amendment case is currently pending before the United States Supreme Court. In the case of Ohio v. Deuble, undercover officers viewed a defendant texting on his phone and observed the notifications on the phone to use as cause to arrest the defendant. This case asks…

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%…