Massachusetts Criminal Defense Lawyer Blog

The United States Supreme Court may review a case called United States v. Williams that deal with the issue of what is the scope of a permissible search at the border:  Can the search include personal computers and cell phones under the Fourth Amendment? The Supreme Court has the opportunity…

The Massachusetts Supreme Judicial Court made it easier for defendant to show race improperly played a role in prosecutors using a peremptory challenge on a juror by eliminating the requirement that a defendant show a pattern of conduct in excluding minority jurors.  Prosecutors no longer get a free opportunity to…

         Massachusetts Criminal Defense Lawyer must continue to exercise preemptory challenges when prosecutors attempt to exclude minority jurors.  A criminal defense is entitled a a jury that represents a cross-section of the community.  Cultural stereotypes are reinforced when prosecutors are allowed to rely on them to exclude…

On the same day as the Massachusetts Supreme Judicial Court decided, Commonwealth v. Long, lowering the burden for a defendant to prove a stop was the result of racial profiling, the SJC also released a decision involving race and police interactions with a young black male in the context of a…

The Massachusetts Supreme Court decided the case of Commonwealth v. Edward Long today.  The decision lowers the burden to prove racial profiling in traffic stops.  The decision is very important because it will help eliminate racial profiling in traffic stops and move our country toward greater racial equality. The case…

As a Massachusetts criminal defense lawyer, one of the more interesting defenses to a criminal charge is a First Amendment attack on whether the law is Constitutional. Recently, there have made some First Amendment challenges to the Involuntary Manslaughter Statute in Massachusetts in the Michelle Carter case.  The Massachusetts Supreme…

The United States Supreme Court may hear a case that involves the intersection of the 1st Amendment right to free speech with the right to post on social media.  The case is Hunt v. Board of Regents of the University of New Mexico which may set a legal standard for students’…

Is your “semiprivate” area in your home’s curtilage protected from prying eyes? The Fourth Amendment protects all Americans from unreasonable searches and seizures.  Courts define what that means everyday in terms of how far Fourth Amendment protections are extended.  One case that raises an interesting issue is Cyde S. Bovat…

Supreme Court has its eye on mental health record privilege  A Colorado case involving a dispute over murder versus suicide begs the question: are mental health records absolutely subject to psychologist-patient privilege, or is there a set of circumstances where they can be revealed to the accused to aid in…

In February, the United States Supreme Court was asked to consider whether a misdemeanor child endangerment conviction may be grounds for removal of a lawful resident immigrant under the Immigration and Nationality Act. The Court recently denied certiorari, allowing the petitioner’s removal to proceed. This decision effectively endorses an expansive…