Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts reversed a felony-murder conviction and sent the case back for a new trial because the trial court failed to suppress evidence obtained from an illegal search …
First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit modified its position on the emergency aid exception to the Fourth Amendment’s warrant requirement by announcing: “officers seeking to justify their warrantless entry …
Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine by Richard Resch by Richard Resch The Supreme Judicial Court of Massachusetts held that consent to search inside a vehicle does not authorize the police to search under the hood of the vehicle. On January 23, 2015, two …
Mass. Disciplines Prosecutors: No More Business as Usual by Derek Gilna by Derek Gilna Prosecutorial misconduct is considered a cancer by many criminal justice experts, eating away at the credibility, moral authority, and public support for the criminal justice system. However, the recent actions of the Massachusetts Board of Bar Overseers …
Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention by Dale Chappell by Dale Chappell The Massachusetts Supreme Court reversed convictions for involuntary manslaughter and assault and battery and ordered a new trial because the trial judge failed to conduct voir dire after the prosecutor advised that some jurors …
Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional by Dale Chappell by Dale Chappell In 1995, Kristi Koe was convicted of rape and abuse of a child. The underlying acts occurred in 1990. The Sex Offender Registry Board (“SORB”) recommended she be classified as a level …
Massachusetts Breathalyzer Malfunctions, Evidence Withheld by The Massachusetts Executive Office of Public Safety and Security released a bombshell 126-page report on October 16, 2017 that found a practice of intentionally withholding evidence from defense attorneys by the state’s Office of Alcohol Testing (“OAT”). Melissa O’Meara, technical leader of the office, …
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 by Christopher Zoukis The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) …
Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the First Circuit handed the federal government a significant defeat in a September 8, 2017 opinion, in which it threw out all but one …
Petition Asks Massachusetts High Court to Dismiss 18,000 Drug Convictions Tainted by Chemist Who Falsified Results by Derek Gilna by Derek Gilna The Committee for Public Counsel Services, Hampden County Lawyers for Justice, Inc., American Civil Liberties Union of Massachusetts (“ACLUM”), and two individuals who were convicted in cases that …
Mass. Supreme Court: Field Sobriety Tests Inadmissible Re: Marijuana by Christopher Zoukis by Christopher Zoukis The Massachusetts Supreme Court ruled that field sobriety tests (“FSTs”) may not be used as definitive evidence of impairment in cases involving allegations of operating a motor vehicle while under the influence of marijuana. The …
Solitary Confinement, Prisoners Legal Services, 2016 Sol i t a r yConf i ne me nt : TheCa s ef orCha ngei nMa s s a c hus e t t s Nov e mbe r2016 AWhi t ePa pe rby Executive Summary EXECUTIVE SUMMARY The Evidence Supports Reducing Reliance …
Give Me Your Tired, Your Poor... A Report on Due Process Issues in the Handling of Immigration Detainees in Massachusetts, NLG MA, 2005 Give Me Your Tired, Your Poor... A Report on Due Process Issues in the Handling of Immigration Detainees in Massachusetts Detention Working Group of the Massachusetts Chapter …
MA DOC ICS Rates effective April 2016 OFFICIAL NOTICE Massachusetts Department of Correction Inmate Calling Rates New Call rates are effective on April 1st, 2016. The rates do not include applicable federal, state or local taxes or regulatory fees. All Calls are a flat Per Minute Rate Instate calls: ……… …
FOIA Request, Commonwealth of MA, 2016 The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health 250 Washington Street Boston, MA 02125 CHARLES D. BAKER MARYLOU SUDDERS Governor Secretary KARYN E. POLITO MONICA BHAREL, MD, MPH Lieutenant Governor Commissioner Tel: 617-740-2600 www.mass.gov/dph/rvrs June 21, 2016 …
ICE Detention Standards Compliance Audit - Bristol County Jail, North Dartmouth, MA, ICE, 2013 U.S. Department of Homeland Security Immigration and Customs Enforcement Office of Professional Responsibility Inspections and Detention Oversight Washington, DC 20536-5501 Office of Detention Oversight Compliance Inspection Enforcement and Removal Operations Boston Field Office Bristol County Jail …
