Under the Sixth Amendment and article 12 of the Massachusetts Declaration of Rights, a defendant is supposed to be advised of the right to an attorney before a critical stage of criminal proceedings. In Commonwealth v. Neary-French, the Massachusetts Supreme Judicial Court considered whether the 2003 amendment to M.G.L. chapter…
In Commonwealth v. Hill, the defendant was convicted of resisting arrest in violation of G. L. c. 268, § 32B, larceny in violation of G. L. c. 266, § 30(1), and assault and battery on a police officer. The case arose when a Sears & Roebuck Company loss prevention officer…
In Commonwealth v. Anderson, a Massachusetts appellate court considered a criminal hit and run case. The defendant was charged with leaving the scene of a motor vehicle accident after causing personal injury and property damage, as well as reckless operation of a motor vehicle. The case arose after 2:00 a.m., when…
Commonwealth v. Nichols arose when two police officers trained in drug crimes went undercover to patrol a section of Boston. The officers had received multiple drug-related complaints for that neighborhood, which was already known to the police for its drug activity. The officers saw a man (Kyle Brito) on his…
In Commonwealth v. Sanchez, the Commonwealth of Massachusetts appealed from orders that granted motions to suppress evidence that was seized during the search of codefendants. There were four companion cases. The issue in the case was whether the police had enough of a basis to believe that the codefendants were…
In Commonwealth v. Ortiz, the defendant appealed from a second conviction of cocaine possession with intent to distribute within 100 feet of a public park or playground in violation of MGL chapter 94C, § 32A(c). He filed a motion to suppress on several grounds, including that the Commonwealth’s substitute chemist had not…
In Commonwealth v. Robinson, the defendant was convicted of two counts of uttering a false check. The defendant came into a bank in Cambridge in 2011 and presented a check at a teller window. The $8,539.29 check made out to Bonnie Green was to be deposited into a savings account…
In Commonwealth v. Rodriguez, a Massachusetts appellate court considered a case involving a conviction for possession of heroin with intent to distribute in violation of MGL c. 94C, § 32(a) & (b). The case arose when a state trooper and sergeant were waiting outside an address in Brockton. The state trooper…
In Commonwealth v. Dominguez, a Massachusetts Appeals Court considered a drug distribution case. The defendant, Jose Dominguez, was convicted of distributing the class B substance of cocaine, which is a violation of MGL c. 94C, § 32A(b), and doing so in a school zone, thereby violating MGL c. 94C, §…
In Commonwealth v. Romero, a Massachusetts defendant appealed from a conviction arising from M.G. L. c. 265, § 13A(a), which covers assault and battery. The defendant argued that the judge improperly denied her motion for a required finding of not guilty and had given incorrect jury instructions regarding the elements of…