The evolving methods of digital communication that Massachusetts residents are using in all aspects of their lives present challenges to lawmakers who want to ensure that state laws criminalize digital harassment and intimidation, as well as the distribution of pornographic materials. Dating in the digital age often includes electronic communications,…
Earlier this month, an appeals court in Massachusetts considered whether a defendant in an assault case should be entitled to a new trial. Originally, the defendant was charged with and convicted of assault and battery on a person over the age of fourteen. Once the defendant appealed, the higher court…
In a recent case involving assault and battery by a dangerous weapon, the defendant appealed his guilty conviction before the Appeals Court of Massachusetts. On appeal, the defendant argued that the trial judge allowed impermissible testimony from police officers to be submitted at trial, and this testimony made the jury…
Earlier this month, a defendant in Massachusetts asked a court of appeals to overturn his conviction for possession of a class B substance with intent to distribute. On appeal, the defendant argued that his previous attorney had not properly advised him of the immigration consequences that he would face if…
Earlier this month, a court of appeals in Massachusetts reviewed the Commonwealth’s appeal of a lower court’s order in a firearms case. Originally, the lower court had granted a defendant’s motion to suppress, agreeing with the defendant that police officers had illegally retrieved a firearm from his person when investigating…
Recently, a court of appeals in Massachusetts had to decide whether it agreed with a criminal defendant’s argument that he had been deprived of effective assistance of counsel during his trial. Originally, the defendant was charged with assault and battery on a child under the age of fourteen. A trial…
In a recent Supreme Judicial Court of Massachusetts written opinion regarding a Massachusetts Medicare false claim and larceny case, the court upheld the trial court conviction of the defendant for four counts of violating the Medicaid false claims statute, and one count of larceny over $250 by false pretenses, holding…
In a recent opinion coming out of an appellate court in Massachusetts, the court ruled that attaching a GPS monitoring device to a criminal defendant, even during that defendant’s probation, is inherently unconstitutional. In this case, the Commonwealth argued that it needed to attach a GPS to a defendant that…
Recently, the Supreme Judicial Court in Massachusetts ruled on a defendant’s appeal involving an attempted robbery and homicide. On appeal, the defendant argued that there was insufficient evidence to find him guilty of involuntary manslaughter. Disagreeing with the defendant, the court affirmed the original conviction. Facts of the Case According…
Earlier this month, the Massachusetts Supreme Judicial Court issued an opinion in a case involving manslaughter as well as assault and battery. In the decision, the court addressed something called the dangerousness statute, which is a law in Massachusetts that allows the Commonwealth to hold a criminal defendant without bail…