Massachusetts Criminal Defense Lawyer Blog

Escalators are unique machines as they are in constant use but are rarely under supervision. Courts have considered under what circumstances manufacturers, installers, owners, or maintainers of escalators can be liable for injuries resulting from an escalator. Common Carriers In the United States, a common carrier is a person or…

Massachusetts Supreme Judicial Court Decides Juror Discrimination Case  During jury selection, attorneys are allowed to object to a proposed juror without giving a reason for the objection. This is called a peremptory challenge. However, attorneys throughout history have used peremptory challenges to strike jurors based on racial stereotypes. In the…

Occasionally, an upcharge of prices for a service is an honest mistake or a misunderstanding. However, when a worker overcharges a person on purpose, this can be considered larceny. In Commonwealth v. Watterson the Massachusetts Appeals Court examined a case where a defendant targeted and overcharged elderly customers for his services.  Defendant…

Massachusetts Supreme Judicial Court Decides Admissibility of Cell Site Location Information Cell site location information (CSLI) is a highly controversial form of evidence used in courts across the country. CSLI allows cell phone companies to give your location information to law enforcement if you are a suspect in a crime.…

A sex abuse and Fourth Amendment case is currently pending before the United States Supreme Court. In the case of Ohio v. Deuble, undercover officers viewed a defendant texting on his phone and observed the notifications on the phone to use as cause to arrest the defendant. This case asks…

Massachusetts Supreme Judicial Court Decides Miranda Rights Case, Can a Person Re-Invoke Their Right to Have an Attorney Present? Many of us know from film and television that we have the right to remain silent after being arrested. This is one part of our Miranda rights. But what happens when…

Many cities across the country use unreliable measures to justify racially motivated, unconstitutional, stops and searches disguised as a traffic stop. In Commonwealth v. Bailey-Sweeting, the Supreme Judicial Court has the opportunity to make one of these incidents right. Despite the Black population of New Bedford making up just 7%…

Circuit Split Arises Concerning the Legality of Video-Recording Law Enforcement Civilian recordings of police officers are a relatively new concept. The entire world viewed the cell phone video footage of George Floyd. This video was the focal point of the incident and sparked mass protests around the nation. The prosecution…

Massachusetts Supreme Judicial Court Decides Parent-Child Testimony Privilege In Massachusetts evidence law, there are limits on who may give testimony in various civil and criminal proceedings. One set of limitations is found in a Massachusetts statute that applies to the testimony of a parent or minor child against another in…

Prison Medical Abuse Case Pending Before the United States Supreme Court The United States unfortunately has one of the highest prison populations in the entire world. With our large prison population, especially in the midst of the COVD-19 pandemic, health issues in prison are very common. But what happens when…