Massachusetts Criminal Defense Lawyer Blog

Is “Battered Women’s Syndrome” a Defense in a Criminal Case?

November 5, 2021 | by Michael DelSignore

Battered Women’s Syndrome – Fact or Fiction?

It is no secret that domestic abuse remains a largely gendered crime. It is estimated that 1 in 3 women will experience domestic violence in their lifetime. Some courts look to the “battered women’s syndrome” standard in expert testimony. Battered Women’s Syndrome is most often discussed when a woman murders her abusive partner. However, it can also be used to explain irrational behavior that stems from a fear of abuse.

Dr. Lenore Walker is largely credited with creating the term in the 1970s to describe the psychological damage and behavior traits that are common in women who are repetitively abused by a partner. Currently, there is a circuit split in the federal courts regarding the issue of whether expert testimony explaining a psychological phenomenon known as Battered Women’s Syndrome, be admissible in trial.

Can Police Search a Car Parked in Your Driveway? Massachusetts Appeals Court Decides

November 4, 2021 | by Michael DelSignore

Under the Fourth Amendment, police cannot search a person’s home with a warrant, with limited exceptions. When there is a warrant issued, it must be particularized and specific. Officers are typically not allowed to search outside the limits of the warrant. The Massachusetts Appeals Court recently looked at the case of Commonwealth v. Campbell, where police ventured outside the scope of their warrant.

What happened in the Campbell case?

The police obtained a warrant to search the defendant’s home. At the time of the search, there were three cars parked in the gravel parking lot in front of the detached three-car garage located ten feet away from the house. The search warrant made no reference to the vehicles in the parking lot. While in the home executing the warrant, the police located the keys to the defendant’s car. The car was parked the furthest from the house, about twenty feet away. The officers searched the car and found thirty-two small bags containing a total of approximately fifteen grams of crack cocaine.

Massachusetts OUI Citations and the No Fix Law when charged with Drunk Driving

October 18, 2021 | by Michael DelSignore

Massachusetts No-Fix Law – Grounds for Dismissal in OUI Cases

A driver who is stopped by police for operating under the influence will either be placed under arrest, or will be charged with an OUI. In a case where a driver is not placed under arrest, a citation provides notice of an OUI charge.

In Massachusetts, there is a statute referred to as the “no-fix” statute. This statute requires that, in most circumstances, a citation for a motor vehicle violation must be given to the driver at the time and place of the offence. The goal of this statute is to provide imitate notice to the driver and to prevent police tampering, or “fixing” of the ticket after the fact. Poor policing resulted in fixing tickets as personal favors, or making the decision to ticket a person on retaliatory or other illegitimate purposes.

Photograph requires to be put into evidence by Massachusetts Appeals Court in criminal charge for photographing someone in the nude without consent

October 17, 2021 | by Michael DelSignore

Can a Case Based on a Photo be Decided Without the Photo? Massachusetts Appellate Court Decides.

Photographing a nude or partially nude person in an area where they have a reasonable expectation of privacy is a crime in Massachusetts. But what if the alleged photograph is never produced at trial? The Massachusetts Appellate Court recently revisited this issue in Commonwealth v. Cooper.

What happened in the Cooper case?

Massachusetts Appellate Court to Decide Constitutionality of Traffic Stop and Frisk

October 14, 2021 | by Michael DelSignore

Massachusetts Appellate Court to Decide Constitutionality of Traffic Stop and Frisk

The Fourth Amendment and the state equivalent have many exceptions. Officers are generally permitted to patdown the outer layer of a person’s clothes during a traffic stop if the officer fears that the person may be armed and dangerous. But what if the officer only finds pills, not weapons? The appellate court heard oral arguments on October 1st requiring this issue in Commonwealth v. Wade.

What happened in the Wade case?

Does a Zoom Trial Violate A Defendant’s Rights? The Massachusetts Supreme Judicial Court to Decide.

October 9, 2021 | by Michael DelSignore

Does a Zoom Trial Violate A Defendant’s Rights? The Massachusetts Supreme Judicial Court to Decide.

Criminal defendants in this country have a right to trial in front of a jury of their peers. Additionally, the Sixth Amendment of the United States Constitution and Article Twelve of the Massachusetts Declaration of Rights guarantees a defendant’s right to confront a witness at trial.

However, it has been nearly two years since the COVID-19 pandemic, and life is just now beginning to return to normal. COVID has thrown a wrench in nearly every facet of life, including criminal trials. The case of Commonwealth v. Curran will decide whether Zoom proceedings interfere with a defendant’s rights.

Texas’s Unconstitutional Abortion Ban could bring another abortion case to the US Supreme Court

October 7, 2021 | by Michael DelSignore

Texas’s Unconstitutional Abortion Ban

In 1965, the world was a very different place. Not only was abortion illegal, but the use of contraceptives were illegal in many places as well. Restrictive rules regarding the use of contraceptives were prominent throughout the country. In Connecticut, this rule was enforced against two doctors, Griswold and Buxton, who opened a birth control clinic. In the case of Griswold v. Connecticut, the doctors challenged the constitutionality of the Connecticut statute under the Fourteenth Amendment, and the case made its way up to the Supreme Court.

What is the right to privacy?

Massachusetts Appellate Court Denies new trial motion in Rape case when evidence of Date Rape drug was presented despite negative test result

October 1, 2021 | by Michael DelSignore

Massachusetts Appellate Court Denies Man New Rape Trial

Many rapes happen while the victim is under the influence of alcohol, drugs, or a combination of the two. Victims are often tested for the presence of drugs at a hospital following their assault. However, may a court allow an expert testimony regarding GHB, known as a “date rape drug,” even when the victim tested negative for the drug? The Massachusetts Appellate Court recently decided this question in Commonwealth v. Hoime.

What happened in the Hoime case?

Circuit Split Creates Apparent Loophole for Homicides Committed Abroad

September 27, 2021 | by Michael DelSignore

Homicide is the most serious offense. In most states, homicide is punished more severely if the victim is a law enforcement officer. But, what if this murder is committed outside an American territory? Federal statute 18 U.S.C § 1114 makes it illegal to kill any government officer engaged in their official duties. For years, federal courts have generally avoided applying statutes extraterritorially, except in cases where Congress clearly indicates that this is their intent. However, some courts have recently begun applying the Supreme Court’s decision in the case of United States v. Bowman to justify applying 18 U.S.C § 1114 outside the country. Bowman held that U.S. courts have jurisdiction to try crimes committed at sea or abroad, even if not specifically conferred by statute if the nature of the crime logically includes them.

There is currently a circuit split regarding this issue, with the Eleventh and Second Circuits holding that 18 U.S.C § 1114 applies extraterritorially, while the D.C. Circuit held that it does not any such application.

18 U.S.C. § 1114 says the following:

Massachusetts Appellate Court Decides Cocaine Possession Case Based on Size of Plastic Bag

September 25, 2021 | by Michael DelSignore

The unfortunate reality is that oftentimes in criminal and civil trials, alike expert witnesses rely on pseudo-science and pseudo-psychology in their testimony. The Massachusetts Appellate Court recently decided the case of Commonwealth v. Delossantos, which dealt with an expert witness’s unreliable testimony about the behavior of drug users,

What happened in the Delossantos case?

Edward Delossantos was on a side corner near Northeastern University when a police officer saw him. The officer observed that Delossantos appeared to be in pain. When the officer approached Delossantos, Delossantos told the officer “they shot my nuts off.” Delossantos groin area was severely wounded, and Delossantos was transported to the Boston Medical Center for treatment. While in the emergency room, a bag of white rocks fell from Delossantos’s groin area. In the bag was thirteen other smaller bags. The white rockers were later analyzed and came back as cocaine.