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The Massachusetts Supreme Judicial Court heard oral arguments recently in the case of Commonwealth v. Carter. Carter is charged with involuntary manslaughter for encouraging her boyfriend, Conrad Roy, to commit suicide. The question the court must answer now is whether evidence that a juvenile has encouraged someone else to commit…
The Massachusetts Supreme Judicial Court will hear argument in two cases relating to the statewide challenge to the reliability of the Alcotest 9510. The first case is an appeal from the Concord District Court, where over 500 OUI cases have been consolidated pending the challenge to the reliability of the…
The Massachusetts Supreme Judicial Court Ruled this past week it was unreasonable for the police to impound a vehicle lawfully parked in a department store lot and conduct an inventory search of the vehicle after the authorized driver of the vehicle was arrested for shoplifting in the case of Commonwealth…
Vehicular crash data is helpful when trying to figure out how an accident happened, and who may be at fault. However, it may be hurtful to defendants in that it may reveal liability that may not be uncovered by other means. Vehicle crash data may include anything from testing brakes…
The Massachusetts Supreme Judicial Court will hear oral arguments on Thursday in the case of Commonwealth v. Carter. Defendant Michelle Carter allegedly encouraged her friend to commit suicide, which he followed through with. Carter was only 17 at the time and therefore tried as a juvenile. The Court will hear…
The Kansas Supreme Court held in State v. David Lee Ryceheld that DUI tests are a search, and therefore a police officer is required to have a warrant if the driver does not consent to a test. Kansans can no longer be criminally prosecuted for refusal to take a breathalyzer or…
In the recently decided case of Commonwealth v. Beltrandi, the Massachusetts Appellate Court has held that when there are two people in a car, the jury may infer whom the driver of the vehicle is when presented with circumstantial evidence. In the case of Beltrandi, the defendant was sitting in…
The Massachusetts Supreme Judicial Court will hear the case of Neary-French v. Massachusetts over whether a defendant should be advised of his or her right to counsel prior to making the decision of whether or not to submit to a breathalyzer test. The 2003 amendment to G.L.c. 90, §24 created…
Making of a Murderer is a Netflix documentary that follows the life of Steven Avery, a convicted murderer. This documentary has been somewhat controversial, as it makes the argument that Steven Avery is innocent and that the Manitowoc County Police Department (Wisconsin) framed him. However, if you haven’t watched this…
The Supreme Court ruled in Riley v. California that a warrant is required to search a defendant’s cell phone, incident to arrest. The 4th Amendment is having a hard time keeping up with quickly advancing technology. Virtually everyone carries a cell phone on their bodies today, and these phones hold…