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Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests

Loaded on Jan. 19, 2018 by Christopher Zoukis published in Criminal Legal News February, 2018, page 24
Filed under: Police Misconduct, Judicial Misconduct, Jury Instructions, Police, Criminal Procedure. Location: Massachusetts.

by Christopher Zoukis

The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) has the right to prevent a jury instruction that could cause the jury to speculate about facts not in evidence.

Michael Wolfe was arrested and charged ...

 

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  1. Secret ATF Slush Fund Dispensed Millions, by Christopher Zoukis
  2. Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order, by Dale Chappell
  3. The Fair Punishment Project Details an “Epidemic of Brady Violations”, by Christopher Zoukis
  4. Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds, by Topher Sanders
  5. Cryptocurrency Leveraged to Help People Make Bail, by Derek Gilna
  6. What Is the Number One Duty of a Police Officer?, by Christopher Zoukis
  7. Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars, by Derek Gilna
  8. Massachusetts Breathalyzer Malfunctions, Evidence Withheld
  9. Fifth Circuit Vacates Sex Offender Supervised Release Conditions, by Mark Wilson
  10. Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges, by Mark Wilson
  11. Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders, by David Reutter
  12. “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices, by Dale Chappell
  13. Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors, by Richard Resch
  14. 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie, by Richard Resch
  15. Georgia Hearsay Admissible Under Co-Conspirator Exception, by Mark Wilson
  16. Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule, by Christopher Zoukis
  17. Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause, by Christopher Zoukis
  18. North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search, by David Reutter
  19. Compensating the Exonerated: State Laws Are Arbitrary and Senseless, by Christopher Zoukis
  20. Oregon Court Vacates Order Refusing to Seal Arrest Record, by Mark Wilson
  21. Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged, by Mark Wilson
  22. More Than Half of 2015 Police Killings Not Properly Documented in Government Data, by Christopher Zoukis
  23. Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests, by Christopher Zoukis
  24. 50 Alabama Cities Reform Bail Practices for Poor, by David Reutter
  25. Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy, by Mark Wilson
  26. Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit, by Christopher Zoukis
  27. 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case, by David Reutter
  28. Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP, by Mark Wilson
  29. In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out, by Christopher Zoukis
  30. Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance, by Mark Wilson
  31. Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued, by Mark Wilson
  32. Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion, by Dale Chappell
  33. Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
  34. The Insanity Defense: It’s Not What You Think, by Christopher Zoukis
  35. Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity, by Mark Wilson
  36. New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
  37. $5.5 Million Verdict Against Los Angeles Police Department for Taser Death
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  39. Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...), by Christopher Zoukis
  40. Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, by Tara Hoveland, Kent Russell
  41. Confronting the Myth in Police-Suspect Knife Confrontations, by Derek Gilna
  42. Yes, Lawsuits Are Expensive—But So Is Police Misconduct, by Antonio Romanucci
  43. $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History, by Derek Gilna
  44. District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief, by Derek Gilna
  45. From the Editor, by Richard Resch
  46. Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
  47. News in Brief
  48. Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State?, by Derek Gilna

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