In a recent case before an appeals court in Massachusetts, the defendant challenged the lower court’s refusal to allow him to keep a jury member from serving on the jury during his trial. On appeal, the higher court reviewed the lower court’s record considered the defendant’s argument, and ultimately sided…
The Massachusetts criminal code is designed to allow prosecutors and judges discretion in charging and sentencing decisions in order to address the serious issue of repeat offenders. Criminal defendants with a prior record may be charged with different crimes than another person without a record. Additionally, a defendant’s record is…
Earlier this month, an appeals court in Massachusetts considered whether a defendant in an assault case should be entitled to a new trial. Originally, the defendant was charged with and convicted of assault and battery on a person over the age of fourteen. Once the defendant appealed, the higher court…
In a recent case involving assault and battery by a dangerous weapon, the defendant appealed his guilty conviction before the Appeals Court of Massachusetts. On appeal, the defendant argued that the trial judge allowed impermissible testimony from police officers to be submitted at trial, and this testimony made the jury…
Recently, the Supreme Judicial Court in Massachusetts ruled on a defendant’s appeal involving an attempted robbery and homicide. On appeal, the defendant argued that there was insufficient evidence to find him guilty of involuntary manslaughter. Disagreeing with the defendant, the court affirmed the original conviction. Facts of the Case According…
In a recent opinion from a Massachusetts court, the defendant’s appeal of his convictions connected to an armed assault and carjacking was denied. The defendant argued in his appeal that the procedures that officers used to identify him as the person who committed the assault and carjacking were unnecessarily suggestive.…
In a recent opinion coming out of a Massachusetts court, the defendant contested the fact that his hearing had been held over Zoom instead of in person. Appealing his guilty verdict, the defendant said his constitutional rights were violated because he was limited to a remote setting. Given the procedures…
Homicide trials, especially those that appear to be gang-related, can garner a large amount of publicity. This exposure can place a lot of pressure on prosecutors to “win” a conviction and look good in the public eye. Although trials are not meant to be a spectacle purposed to make prosecutors…
The Supreme Judicial Court recently reversed a defendant’s Massachusetts assault and battery conviction, finding that the trial court made a prejudicial error in excluding the defendant’s expert witness. After an altercation with two men, the court indicted the appellant on two counts of assault and battery by means of a…
Recently, the Massachusetts Supreme Judicial Court vacated a lower court’s order permitting a defendant’s motion to suppress evidence. The Massachusetts criminal case arose when police arrested the defendant in connection with a fatal shooting. According to the court’s opinion, officers confiscated the defendant’s cell phone and then obtained a search…