Earlier this month, a state appellate court issued a written opinion in a Massachusetts drug trafficking case requiring the court to determine if a police officer’s traffic stop that ultimately led to the discovery of narcotics was longer than necessary, and thus was conducted in violation of the defendants’ constitutional…
Earlier this month, a state appellate court issued a written opinion in a Massachusetts assault case brought against a student who was involved in a serious fight resulting in the victim sustaining several broken bones. The case presented the court with the opportunity to discuss whether a statement made by…
Over the years, police have tried a number of different investigative tactics to uncover illegal activities and arrest those they believe to be engaged in such activities. In general, the United States and Massachusetts constitutions outline the protections individuals have from intrusive, unfair, or coercive police conduct, and courts will…
Earlier this month, an appellate court issued a written opinion in a Massachusetts drug possession case requiring the court to determine if the evidence presented by the prosecution was sufficient to sustain the defendant’s conviction. Ultimately, the court determined that there was sufficient evidence to find that the plaintiff constructively…
In a recent Massachusetts appellate case, a trial court judge allowed a criminal defendant’s motion to suppress evidence that had been seized by police executing a search warrant after first making two warrantless searches of the defendant’s apartment. The case arose when police received a report that there was a…
At a Massachusetts juvenile crime trial, a teenager was adjudicated delinquent for assault and illegal possession of a dangerous weapon at school. He claimed on appeal that there wasn’t enough evidence for the judge to adjudicate delinquency on the dangerous weapon charge, among other things. The teenager was in high…
Under Instruction § 6.700 of the Criminal Model Jury Instructions for Use in the District Court, the Commonwealth needs to establish the following to show a criminal threat: (1) the defendant stated an intention to harm someone or someone’s property presently or in the future, (2) the defendant intended this…
In a recent Massachusetts assault case, the defendant was convicted of resisting arrest and assault and battery on a cop. The problems arose when two policemen were dispatched to his house for a 911 hang-up call. When the policemen got there, one thought he heard somebody talking. Through a window,…
In a recent Massachusetts appellate decision, the defendant was convicted of assault and battery with a deadly weapon on a pregnant person, as well as ordinary assault and battery on a pregnant woman and a violation of an abuse prevention order. He argued on appeal that the prosecutor’s misstatements warranted…
In a recent Massachusetts assault case, the appellate court considered aggravated rape and armed assault with intent to murder. DNA evidence connected the defendant to the case. In 2010, an arrest warrant was issued for the defendant. He was indicted as a youthful offender. However, he filed a motion to…