PLAIN VIEW CAN ESTABLISH CONSTRUCTIVE POSSESION

In Commonwealth v. Rosario, a District Court judge found the defendant guilty of carrying a firearm without a license, carrying a loaded firearm without a license, and two counts of assault and battery on a police officer.  The firearm charges related to a handgun that was found in the car the defendant was driving. His … Read more

“CONTINUANCE WITHOUT A FINDING” DOES NOT TRIGGER GPS REQUIREMENT FOR SEX OFFENSE

In Commonwealth v. Doe the Supreme Judicial Court of Massachusetts (SJC) ruled that the statutory requirement that a sex offender wear a GPS monitoring device as a condition of probation applies only where the probationer was convicted of a sex offense and does not apply where the charge was continued without a finding. The allegations were … Read more

Evidence Insufficient to Support Conviction for Identity Fraud

In Commonwealth v. Mattier(2006),  the Supreme Judicial Court (SJC)  ruled that the evidence was insufficient to support Mattier’s (defendant) conviction of identity fraud, but affirmed the convictions of Mattier and codefendant Grice on indictments charging them with conspiracy to commit larceny and attempted larceny. The charges against the defendants arose from their attempt to defraud … Read more

UTAH V. STRIEFF: AN UNFORTUNATE DECISION BY THE UNITED STATES SUPREME COURT

The Fourth Amendment protects anyone in the United States from illegal searches and seizures by the govement.  This is an amendment that helps  to make the U.S. a truly FREE country. Many decades ago, the United States Supreme Court fashioned an “excusionary rule” that prohibits the goverment from using illegally obtained evidence against the person … Read more

CONVICTION STANDS WHEN ERRONEOUS ELEMENT NOT PROVEN

In Musacchio v. United States, the United States Supreme Court ruled that where the judge’s instruction to the jury erroneously added an element to the charged offense and the prosecution did not object, Musacchio’s challenge to the sufficiency of the evidence was properly measured against the elements of the charged offense, not against the jury … Read more

6 HOUR TIME LAPSE NOT SUFFICIENT TO SUPPRESS STOP

In Commonwealth v. Hernandez, in affirming the defendant’s convictions of first-degree murder, armed robbery, and related offenses, arising from two separate criminal incidents, the Supreme Judicial Court of Massachusetts ruled that the judge did not err in denying the defendant’s motion to suppress the firearm that was used in the commission of the crimes. After the … Read more

JAIL CALLS ADMISSIBLE

In Commonwealth v viagra faut il une ordonnance. Mejia, the Court of Appeals ruled that the judge did not err in admitting excerpts from several recorded telephone calls that the defendant made from jail following his arrest. The case arose from an incident in which “a group of unidentified individuals dressed in black opened fire … Read more

DECISION TO GO TO TRIAL IN LIGHT OF DOOKHAN MISCONDUCT IS FACT-INTENSIVE DETERMINATION

Commonwealth v. Williams pertains to drug tests performed by Annie Dookhan at the Hinton State Laboratory Institute, the Appeals Court “vacated … the denial of the defendant’s motions to withdraw his guilty pleas and remanded the case for further proceedings and findings in accordance with this opinion and the reasoning in Commonwealth v. Scott. , … Read more

SJC CLARIFIES SUFFICIENCY OF JOINT VENTURE

In Commonwealth v. Miranda the Massachusetts Supreme Judicial Court (SJC) affirmed the denial of the defendant’s motion for relief from unlawful restraint.  Miranda was convicted of murder in the second degree and other offenses and the SJC affirmed the convictions. Miranda then filed a petition for a writ of habeas corpus in federal court, which … Read more

PLEA COLLOQUY SUFFICIENT THOUGH INCOMPLETE

n Commonwealth v. Garcia, the Court of Appeals affirmed the defendant’s convictions of carrying an unlicensed firearm and a related offense.  It found that the jury waiver colloquy between the judge and the defendant adequately “provided the judge with a basis for concluding that the defendant voluntarily and intelligently waived his constitutional right to a jury … Read more