In a recent Massachusetts appellate court opinion regarding an appeal claiming insufficient evidence to support the conviction, the court upheld the trial court decision, affirming the conviction. At trial, the defendant and the co-defendant were convicted on various charges arising from the operation of a series of brothels in North…
The collective knowledge doctrine is a legal theory used in the state to give law enforcement officers expanded opportunities to legally perform a search on a criminal suspect without a warrant. Generally, the doctrine has allowed police and prosecutors to successfully argue that any single police officer involved in an…
Crimes involving operating a motor vehicle under the influence of drugs or alcohol, together referred to as OUI offenses, are some of the most commonly charged offenses in the state of Massachusetts. OUI crimes are unique, as the evidence required to convict a defendant (blood alcohol or drug concentration) is…
Domestic violence crimes are commonly charged in Massachusetts, and their prosecution often relies on the testimony of an alleged crime victim. It is more common in domestic violence cases for a victim to change their story as the case progresses. Victims regularly will recant the accusations made against their domestic…
In a recent case before an appeals court in Massachusetts, the defendant asked the court to reconsider his convictions of unlawful possession of a firearm, unlawful possession of ammunition, and improper storage of a firearm. Originally, the defendant was criminally charged after two police officers found a loaded firearm in…
In a recent Massachusetts appellate court opinion regarding a motion to suppress evidence from an illegal search, the court upheld the trial court granting of the defendant’s motion to suppress, albeit on different grounds. At trial, the judge allowed the motion on the ground that the driver of the vehicle…
In a recent case before an appeals court in Massachusetts, the defendant argued his motion to suppress incriminating evidence should have been granted by the lower court. According to the defendant, the officer that found a firearm on his person unlawfully searched him, and thus the evidence should not have…
The evolving methods of digital communication that Massachusetts residents are using in all aspects of their lives present challenges to lawmakers who want to ensure that state laws criminalize digital harassment and intimidation, as well as the distribution of pornographic materials. Dating in the digital age often includes electronic communications,…
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…