Massachusetts Criminal Defense Lawyer Blog

What Makes a Defendant Intellectually Disabled? United States Supreme Court May Decide. The Eighth Amendment of the constitution prohibits cruel and unusual punishment. A punishment is considered cruel and unusual for many reasons, one of which is if the punishment is grossly disproportionate to the crime committed. In general, sentencing…

Does Business Insurance Cover Interruptions Caused by COVID-19? SJC May Decide. Verveine Corporation operate three restaurants, The Coppa, Toro, and Little Donkey,  located in Boston and Cambridge and share common owners. For many years these businesses were covered by insurance. Like many restaurants, the plaintiff’s businesses were successful until March…

Do You Have a Right to Privacy on Social Media? Many of us have privacy settings on social media, and restrict access to friends and family. However, is this enough for a court to find a reasonable expectation of privacy? The Massachusetts Supreme Judicial Court examined this question in Commonwealth…

What is an “unduly suggestive” procedure in a criminal lineup? According to the Constitution, it is a violation of Due Process if it is “unduly suggestive.” Examples of “unduly suggestive” can include things like being the only person of a certain race in a lineup, or being the only person…

Remote Trial did not Violate Defendant’s Constitutional Rights  Ever since the beginning of the COVID-19 pandemic, there has been some discussion as to whether remote trials are in violation of a defendant’s constitutional rights. In the recently decided case of Commonwealth v. Curran, the highest court in Massachusetts decided that it…

Can the Police Test Your Blood Without Your Consent? The Massachusetts Appellate Court May Decide.  The Massachusetts statutes state that when a chemical “test or analysis” of a defendant’s blood-alcohol content is made by or at the direction of police, it is admissible in court only if the defendant consents.…

United States Supreme Court Blocks Vaccine or Test Rule Over the past few weeks, the Omicron variant of COVID-19 variant has exploded. As a response to the rising cases, the Occupational Safety and Health Administration mandated that employers with at least 100 employees require covered workers to receive a COVID-19…

The Fourth Amendment is a very important right. However, it is often overshadowed by its many, many, exceptions. The Massachusetts Appellate Court recently examined a patfrisk case stemming from a motor vehicle stop. At this stop, the highly dangerous drug fentanyl was found. Fentanyl is often so potent that 3…

United States Supreme Court Likely to Dramatically Change Access To Abortion in Summer 2022  As of now, abortion is considered a constitutional right under Roe v. Wade. Roe was decided in 1973 when the Supreme Court held that the right for a woman to get an abortion is protected under the implied right…

Massachusetts Supreme Judicial Court to Hear Police Surveillance Case  Under the Fourth Amendment and the United States Supreme Court precedent, there is a reasonable expectation of privacy from government intrusion that all Americans enjoy. The home is one of the most sacred places when it comes to privacy. It is…