Articles Posted in United States Supreme Court

The United States Supreme Court issued its decision in Bailey v. United States on February 19, 2013 holding that its precedent in Michigan v. Summers does not allow the police to seize an individual that has left the premise prior to a search. You can read the Bailey decision here.…

As a Massachusetts criminal defense lawyer, the issue surrounding Miranda rights often arises in felony and misdemeanor cases. Recently, in the case of New Mexico vs. Herring, a defendant successfully argued at appeal that they did not understand the Miranda rights read to them by a detective during a custodial…

As a Massachusetts criminal lawyer, search and seizure issues frequently arise in defending drug crimes. One issue is when can the police detain individual when executing a search warrant. The case of Bailey v. United States raises this issue and the defense lawyers are seeking review in the United States…

A recent case pending a decision from the United States Supreme Court has raised issues concerning a defendant’s constitutional right to a speedy trial. In Boyer v. Louisiana, the indigent defendant was not offered any form of defense counsel until five years after the charges were brought fourth. The state…

The case of Ricky Lee Allshouse v. Pennsylvania is on petition for certiorari before the United States Supreme Court raising the issue of whether the defendant was denied his right of confrontation under the Sixth Amendment by the admission into evidence at trial of his statements to a child protection…

Drug crimes in Massachusetts can raise 6th Amendment Confrontation Clause issues just as in other types of criminal offense. A recent decision from the 5th Circuit Court of Appeals demonstrates the issues that arise for Massachusetts criminal defense lawyers in interpreting their client’s Sixth Amendment right of confrontation. The case…

The United States Supreme Court heard arguments in a case raising the issue of whether GPS monitoring violates an individuals Fourth Amendment right to be free from unreasonable searches and seizures under the Constitution. The case is United States v. Antoine Jones, and the filings from the case can be…

The United States Supreme Court is scheduled to hear arguments on October 31 2011 in the case of Lafler v. Cooper and Missouri v. Frye, that raises the issue of whether an a criminal defense attorney in Massachusetts, or any other state, can provide ineffective assistance of counsel during a…

The United States Supreme Court’s decision in Michigan v. Bryant, decided today, diminishes the Sixth Amendment right of confrontation. The Court held that statements are nontestimonial and thus not covered by the Sixth Amendment confrontation clause when the primary purpose of the statement is to allow the police to respond…

The United States Supreme Court declined to hear an appeal from Louisiana in the case of Barbour v. Louisiana which raises the issue of whether the Constitution requires a unanimous jury verdict to support a criminal conviction. Click on this link to read the filings from the case on the…