Your Shield Against Criminal Prosecution
In reversing the Gun Crimes convictions of two men, the Massachusetts Supreme Judicial Court ruled that police officers can no longer frisk someone during a routine encounter unless they have ‘reasonable suspicion’ to believe the person is involved in criminal activity and is armed and dangerous. In the case of Commonwealth v. Jamal Martin, that defendant had been convicted of…
If you have been following this blog, you have seen several recent posts about criminal convictions being reversed as a result of the Melendez-Diaz and Crawford decisions. These decisions have dramatically changed the landscape of permissible ‘testimonial’ evidence against a defendant at trial, but the scope of these decisions is limited. In the recent case of Commonwealth v. Dale McMullin,…
In the recent case of Commonwealth v. Jorge Vasquez, Massachusetts Supreme Judicial Court recently overturned the conviction of the defendant, who had been tried and convicted of Possession of Cocaine, as well as Distribution of Cocaine. Despite his criminal defense lawyer’s failing to object at trial to the admission of the Massachusetts State Police Crime Laboratory Certificates of Drug Analysis,…
In the case of Commonwealth v. Jason Loadholt, the Massachusetts Supreme Court ruled on whether a defendant’s criminal prosecution for Unlawful Possession of a Firearm and Ammunition is violative of a person’s ‘right to bear arms’ as guaranteed by the Second Amendment to the United States Constitution. In his appeal to the SJC for his Gun/Firearms Charges, the defendant claimed…
The Massachusetts Supreme Judicial Court’s recent decision of Commonwealth v. Porter P., a juvenile, focused on whether a person temporarily staying in room in a homeless transitional center is entitled to a ‘reasonable expectation of privacy’ against unlawful searches and searches. The Massachusetts Supreme Judicial Court, in a 5-2 decision, ruled that they do! By way of background, the juvenile…
A defendant who was convicted for the gun crimes of Carrying a Firearm Without a License and Carrying a Loaded Firearm recently had his convictions overturned because the admission of the Ballistics Certificate, without live expert testimony, violated his Right to Confrontation under the 6th Amendment of the United States Constitution. At his criminal jury trial in the District Court,…
The U.S. States Supreme Court recently ruled that a defendant’s Constitutional Right (per the 6th Amendment) was violated when the court refused to allow his uncle from watching the jury voir dire process at his criminal trial. As a result the ruling, the man had his cocaine trafficking conviction overturned. In general, because the public has a First Amendment Right…