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Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice
Article • December 15, 2023 • from CLN December, 2023
Filed under: Counsel - Constructive denial of, Strickland Standard, Conflict of Interest, Disqualification of Counsel
Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts ruled defendant’s (a Black man of the Muslim faith) showing that trial counsel harbored …
News in Brief
Article • September 1, 2023 • from CLN September, 2023
Filed under: News in Brief
News in Brief by California: Reported by KHSL in Chico/Redding, Nicholas Lee Rush, 49, a Chico Police Officer, has been charged with providing marijuana to an underage family member, 17, and also encouraging the teen to share the stash with his girlfriend. In 2022, an investigation into whether Rush was …
Massachusetts Supreme Judicial Court Casts Nearly 30,000 DUI Convictions in Doubt Due to ‘Egregious Government Misconduct’
Article • September 1, 2023 • from CLN September, 2023
Filed under: Government Misconduct, Wrongful Conviction, DUI
Massachusetts Supreme Judicial Court Casts Nearly 30,000 DUI Convictions in Doubt Due to ‘Egregious Government Misconduct’ by Jordan Arizmendi by Jordan Arizmendi The Supreme Judicial Court of ­Massachusetts upheld a ruling concluding that between 2011 and 2019, breathalyzers used by the government were improperly calibrated and maintained. Commonwealth v. Hallinan, …
News in Brief
Article • June 15, 2023 • from CLN July, 2023
Filed under: News in Brief
News in Brief by California: A former police officer with the LAPD, Paul Razo, 46, was arrested in early May 2023, accused of sexually assaulting at least four minor boys over the course of more than a decade. Weeks after his arrest, Razo died of medical complications while in custody. …
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention
Article • May 15, 2023 • from CLN June, 2023
Filed under: Pretrial Detention and Detainees, Bail/Pretrial Release, Speedy Trial Clock - Tolling of
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that the pretrial detention period in General Laws c. 276, § 58B begins to run when a defendant is detained, not when an order …
Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel P...
Article • May 15, 2023 • from CLN June, 2023
Filed under: Ineffective Assistance of Counsel, New Trial/Judgment of Acquittal, Exculpatory Evidence - Disclosure Obligations
Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts affirmed the granting of a …
News in Brief
Article • April 15, 2023 • from CLN May, 2023
Filed under: News in Brief
News in Brief by News in Brief Alabama: It was announced by the Madison County Sheriff’s Office on Feb. 20, 2023, that a police officer in Madison was arrested, accused of sexual misconduct. AL.com and WHNT in northern Alabama reported that the officer, Kevin Walter, 35, was arrested on Feb. …
Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocat...
Article • March 15, 2023 • from CLN April, 2023
Filed under: Sexual Assault, Revocation Proceedings, Witnesses - Examination of
Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that a probationer’s due process right to present …
News in Brief
Article • February 15, 2023 • from CLN March, 2023
Filed under: News in Brief
News in Brief by Alabama: The DOJ Civil Rights Division announced on Oct. 21, 2022, that a former sheriff’s deputy in Dallas County was charged with kidnapping and sexually assaulting a woman in the middle of the day on Jan. 30, 2020. The Miami Herald reported that the then-active deputy, …
Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional
Article • February 15, 2023 • from CLN March, 2023
Filed under: Electronic Monitoring, Parole Searches, Conditions of
Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional by Anthony Accurso by Anthony W Accurso The Supreme Judicial Court of Massachusetts overturned a Superior Court’s denial of a defendant’s motion challenging a condition of his probation which required GPS monitoring, ruling the Commonwealth …
Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention
Article • January 15, 2023 • from CLN February, 2023
Filed under: U.S. Sentencing Guidelines, Juveniles, Arraignment Delay
Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ended the practice of judges presiding over juvenile delinquency proceedings and granting continuances for the sole purpose of …
News in Brief
Article • January 15, 2023 • from CLN February, 2023
Filed under: News in Brief
News in Brief by Alabama: WBMA in Birmingham reported that a former probation officer in Fayette County was convicted of sexual misconduct on Dec. 8, 2022. The former officer, Michael Steven Painter, 51, was found guilty on charges of using his office for personal gain and custodial sexual misconduct — …
Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in...
Article • January 15, 2023 • from CLN February, 2023
Filed under: Ineffective Assistance of Counsel, Erroneous Rejection of Challenge, Evidence - Failure to Disclose
Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that an actual conflict of interest existed that …
Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed
Article • December 15, 2022 • from CLN January, 2023
Filed under: Felon in Possession Statute, Suppression of Evidence, Pat Down Searches
Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed by Jacob Barrett by Jacob Barrett The Supreme Judicial Court of Massachusetts upheld a Superior Court’s order granting a motion to suppress a firearm that was discovered during an unlawful patfrisk because the motorist’s …
Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Def...
Article • November 15, 2022 • from CLN December, 2022
Filed under: Searches - Cellphones/Computers/Internet, Cell Site Location Information ("CSLI")
Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Defendant’s Use of Cell Phone and Charged Crimes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court (“SJC”) of Massachusetts validated one warrant …
News in Brief
Article • November 15, 2022 • from CLN December, 2022
Filed under: News in Brief
News in Brief by Alabama: Court documents revealed the week of Oct. 3, 2022, show that a former Brookside police chief, Mike Jones, was indicted by a grand jury for speeding and impersonating an officer. AL.com reported that Jones had resigned from his post as the town’s Chief of Police …
Massachusetts State Police Lieutenant Pleas Guilty to Thousands of Dollars’ Worth of Overtime Fraud
Article • October 27, 2022
Filed under: Police Misconduct, Major Fraud/Fraud Offenses Act
Massachusetts State Police Lieutenant Pleas Guilty to Thousands of Dollars’ Worth of Overtime Fraud by Kaden Gicker David Keefe, 57, who once oversaw a barracks of the Massachusetts State Police (“MSP”), pleaded guilty in Suffolk Superior Court on Oct. 6, 2022, to committing fraud on records of overtime. The announcement …
Commonwealth v. Phenpimol, MA, Dft's Emergency Motion to Dismiss Indictments Counts on Second Amendment Grounds, Possession of Firearm, 2022
Brief • October 17, 2022
Filed under: Possession or Use of Firearms, Firearms
Commonwealth v. Phenpimol, MA, Dft's Emergency Motion to Dismiss Indictments Counts on Second Amendment Grounds, Possession of Firearm, 2022 LAW OFFICE OF HECTOR E. Pll\fEIRO, P.C. 807 MAIN STREET WORCESTER, MASSACHUSETTS 01610 (508) 770-0600 FAX (508) 770--1300 HECTOR E. PINEIRO hector@pineirolegal.com NANCY CRUZ DE PINEIRO Business Manager nancy@pineirolegal.com October 17, …
News in Brief
Article • August 15, 2022 • from CLN September, 2022
Filed under: News in Brief
News in Brief by Canada: Techdirt reported that the Royal Canadian Mounted Police (“RCMP”), a division of that country’s federal law enforcement akin to the FBI, used malware to spy on people’s personal communications. The report came after the RCMP admitted to doing so in the summer of 2022. The …
Discredited Narcotics Unit Revamped as Firearms Unit
Article • May 1, 2022 • from CLN May, 2022
Filed under: Police Misconduct, Excessive Force (Police), Firearms
Discredited Narcotics Unit Revamped as Firearms Unit by Douglas Ankney by Douglas Ankney In 2020, the U.S. Department of Justice reported that officers from the Narcotics Unit of the Springfield Police Department in Massachusetts engaged “in a pattern or practice of excessive force in violation of the Fourth Amendment of …
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