As the COVOD-19 pandemic continues, the restrictions put in place to curb the spread of the virus remain in effect. Initially, the pandemic resulted in the near-total shutdown of the Massachusetts justice system, as all jury trials were suspended, and courts only heard emergency matters. As the number of new…
Earlier this month, the Massachusetts Supreme Judicial Court issued an opinion in a drug case, requiring the court to determine whether the lower court properly dismissed the defendants’ motion to suppress. The court ultimately held that the lower court improperly denied the motion because that court determined the police officers’…
Earlier this year, a state appellate court issued a written opinion in an unusual, but highly relevant, case. The case involved a crime prohibiting the removal of human remains; however, more importantly, the case is a good illustration of Massachusetts constitutional law as it pertains to statements given to police.…
Earlier this month, an appellate court issued an opinion in a Massachusetts homicide case, discussing the defendant’s motion to suppress images taken from a digital camera found in the defendant’s apartment. Ultimately, the court concluded that the admission of the photos was not improper, and affirmed the defendant’s conviction. The…
Earlier this year, a state appellate court issued a written opinion in a Boston drug case involving the defendant’s motion for additional discovery related to the confidential informant that police officers used to conduct the pre-arranged buys that lead to the defendant’s arrest. Police officers frequently use confidential informants, rather…
The COVID-19 pandemic has had an enormous effect on the country’s ability to function. Schools, stores, and government functions have all been temporarily shut down. For the most part, this includes the Massachusetts court system. In fact, thousands of people who have been arrested and are awaiting trial have had…
In a recent opinion, the Massachusetts Supreme Judicial Court issued a ruling analyzing sentencing enhancements in crimes committed while in possession of a firearm. The underlying case involved a defendant who was tried and convicted of two counts of assault and battery by means of a dangerous weapon. The defendant…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case discussing the required elements that the prosecution must establish before a judge or jury can return a conviction. Ultimately, the court rejected the defendant’s argument that he lacked knowledge of the specifics of the…
As the COVID-19 pandemic continues to spread across the country, the nation’s prisons are quickly becoming hotspots for the virus. Indeed, a recent news article documents the pervasiveness of COVID-19 in state prisons across the country. Massachusetts prisons are no exception. A local news outlet recently reported that more than…
Earlier this month, the U.S. Supreme Court issued an opinion that will have a significant impact on many Massachusetts criminal law cases. The opinion, Kansas v. Glover, presented the court with the question: whether a police officer can reasonably assume that the person who is operating a motor vehicle is…