In a recent decision – Commonwealth v. Sylvester – the Supreme Judicial Court discussed whether an attorney’s failure to advise a client of his obligation to register as a sex offender during a 2002 plea constituted ineffective assistance of counsel. The decision, however, fails to address how additional sex offender registration…
In Commonwealth v. Laltaprasad, the SJC ruled that G. L. c. 211E, §3(e), does not “authorize[] a sentencing judge to depart from the mandatory minimum terms specified by statute for subsequent drug offenses,” where “the Legislature has not yet enacted into law sentencing guidelines recommended by the Massachusetts Sentencing Commission.”…
The issue of Annie Dookhan, the disgraced state chemist convicted of tampering with drug evidence in thousands of criminal cases, was once again in the headlines this past week. An article published by Courthouse News Service, addressed a recent hearing relating to the cases impacted by Dookhan’s misconduct. During the hearing,…
The SJC recently issued a decision – Commonwealth v. Onyx White – affirming the allowance of the defendant’s motion to suppress the fruits of a search of his cellular telephone The Court affirmed the trial court’s decision on the grounds that the police lacked probable cause to initially seize the telephone…
The Supreme Judicial Court recently issued a decision addressing the affirmative defense of lack of criminal responsibility. In the case – Commonwealth v. Lawson – the SJC affirmed the defendant’s convictions for assault and battery on a police officer, resisting arrest, and related offenses. Although the Court found that the judge…
According to a recent article on Masslive.com, the Massachusetts Sentencing Commission recently held a public hearing on the possibility of changing state sentencing guidelines. The hearing addressed a number of sentencing related topics, including whether Massachusetts should impose a period of mandatory supervised release on all individuals who are released from…
The Supreme Judicial Court recently issued a decision – Commonwealth v. Campbell – affirming the allowance of the defendant’s motion to suppress on the ground that his operation of the vehicle, which had been rented by his mother, did not constitute use without authority under G. L. c. 90, § 24(2)(a),…
The Appeals Court recently issued a decision – Thompson v. Civil Service Commission – finding that the Boston Police Department’s drug screening method for screening its officers is flawed. The background of the case is as follows: the collective bargaining agreement between the Boston police officers’ union and the Boston Police Department…
According to an article in the MetroWest Daily News, a man and woman reportedly broke into a home in Framingham this past week. The article states that police were dispatched to the home at around 12:45pm for a report of “suspicious people.” It is unclear who made the report or…
The Supreme Judicial Court recently issued two decisions – Commonwealth v. Teixeira and Commonwealth v. Meade – that will have a significant impact on the discovery process in certain criminal cases going forward. There are two types of cases in Massachusetts – misdemeanors and felonies. Massachusetts District Courts and the Boston…