The law is ever-changing. Society changes. Ideologies change. And technology advances. It is often difficult for the court’s to keep up with changes in the world and implementing or amending laws that are fair or outdated. But this is particularly
Lefteris K. Travayiakis Blogs
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MA Outlines Bail Test for Defendants Charged with Murder
Although criminal defendants charged with 1st degree murder in Massachusetts do not have a right to bail, the Supreme Judicial Court recently ruled that a judge has discretion to afford them with a bail. In its decision in Vasquez v. Commonwealth, the SJC explained
Peremptory Challenges of Minorities During Jury Selection in Massachusetts Criminal Trials
In order for any criminal trial begins, a jury must be selected. But how a jury is chosen why certain prospective jurors are excluded is not limitless. Generally, when jurors are selected from a pool (called the “venire”) they can
Single-Photograph Identification Procedures “Disfavored” in Massachusetts
Oftentimes, when police are searching for a suspect of a crime, they will employ an identification procedure. Identification procedures vary, and can include a photographic array; a lineup (as you might see on TV); or a one-on-one show up identification
Massachusetts Appeals Court Affirms Contempt and Order of Petitioner to Unlock iPhone.
The Massachusetts Court of Appeals recently affirmed an order from the Superior Court holding a petitioner in contempt for refusing to abide by an order to unlock his iPhone following a request from a Middlesex County Grand Jury.
A grand
Massachusetts Habitual Offender Predicates Must Be Separate Incidents
In a recent decision in Commonwealth v. Garvey, the Massachusetts Supreme Judicial Court agreed with the defendant that the habitual criminal statute required that the underlying convictions be based on separate incidents of criminal episodes. Because, in this case,
Massachusetts High Court Rules Seizure of Gun Improper in Multi-Family Search Warrant Case
In the execution of a search warrant by Boston Police of a multi-family home, the Massachusetts Supreme Judicial Court upheld a superior court ruling that the seizure of a shotgun was improper. Clarifying the protections of the 4th Amendment to
Massachusetts Judge Properly Upholds Suppression of Gun Found After Unlawful Impoundment of Car by Boston Police
The Massachusetts Appeals Court last week upheld a District Court judge’s suppression order of a firearm found in a car after it was unlawfully impounded by police.
The defendant in the case was charged in the case was charged in
Cambridge Gun Conviction Reversed For Unlawful Stop by Police
Conviction of Possession of a Loaded Firearm Can’t Stand Without Predicate Possession Conviction
A criminal defendant appealed his conviction for possession of a loaded firearm without a license after trial where he was acquitted of the “predicate” offense of unlawful possession of a firearm. The Massachusetts Appeals Court held that a conviction on