Articles Posted in criminal trials

The defense lawyers in the Karen Read case are looking for third party records to prove that Ms. Read is being framed for murder.  The Commonwealth has refused to produce those records.  In the interest of open disclosure, the prosecution should provide the records. What is Rule 17 in Massachusetts…

As society and technology evolve, the courts need to evolve with it. A pressing issue that courts have had to deal with is the use of digital data in criminal cases against defendants, particularly emails. Not only can the contents of an email be evidence against a defendant, but the…

Last summer, during the height of the Black Lives Matter movement, James Blake, a Black man was shot seven times in the back by Kenosha, Wisconsin police officer Rusten Shekey. Blake is now paralyzed. The shooting occurred in front of Blake’s three children. The officer who caused Blake’s horrific injuries…

Is Google Map evidence admissible in a jury trial?  An appeals court in Florida recently said “not necessarily” when it reviewed this question in City of Miami v. Kho.   Juanita Kho sued the City of Miami for negligence after a trip-and-fall accident on a Miami sidewalk in 2010.  The…

Robert Kraft’s lawyer filed a motion to suppress challenging how the police obtained the video evidence against Kraft and the basis of the traffic stop where Kraft’s identity was learned.  In Kraft’s case, the motion to suppress is essentially the entire case assuming the video depicts what the police claim…

The SJC decided the case of Commonwealth v. Quinton Williams finding that the trial judge did not error by excluding a juror who stated that the criminal justice system was rigged against young black Americans.  The SJC in the majority opinion and concurring opinion of the Chief Justice stated that…

The Massachusetts Supreme Judicial Court affirmed Michelle Carter’s conviction for involuntary manslaughter.  The SJC began its decision by addressing what it decided in Michelle Carter’s first appeal to the SJC referred to as Carter I.  In Carter I, the SJC held that verbal conduct alone could overcome a person’s will…

In a Massachusetts Criminal Trial, of any type, whether murder or an OUI, the verdict must be unanimous, meaning that all six jurors have to agree whether the verdict is guilty or not guilty.  If jurors cannot reach a unanimous verdict, it is called a hung jury and the Commonwealth…

  On January 7th, Actor Kevin Spacey will be arraigned on Indecent Assault and Battery charges out of Nantucket District Court.  Spacey’s lawyers requests that his presence be waived for the arraignment due to publicity from the case.  Spacey is charged with sexual assault of a teenager in a Nantucket bar.  …

The Massachusetts Supreme Judicial Court heard oral arguments in the case of Commonwealth v. Michelle Carter yesterday.  In this Blog, I have outlined some of the key issues that the SJC addressed during the oral argument. Was there sufficient evidence to convict Carter of involuntary manslaughter?   The defense lawyer argued…