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Peremptory challenges are an essential tool used by trial lawyers. They allow an attorney to object to a proposed juror during selection without giving a reason or justification. However, when peremptory challenges are coupled with racial bias, dangerous results can occur. The case of Miles v. California is pending before…
The Fourth Amendment protects people from unreasonable intrusion and promises that citizens will not have their “persons, houses, papers, and effects, against unreasonable searches and seizures.” Carlisle v. Kentucky asks the question of whether courts can adopt a categorical rule allowing law enforcement to prolong every traffic stop by…
Is it Constitutional to Conduct Evidentiary Hearings Over Zoom? In John Vasquez Dias v. Commonwealth the question before the Massachusetts Supreme Judicial Court was whether a criminal defendant’s constitutional rights are violated by a court choosing to pursue an evidentiary hearing, over the defendant’s objections, over Zoom. Vasquez Diaz was…
Does the Second Amendment permit States to deprive someone of the right to bear arms for a misdemeanor offense? The right to bear arms is one that a large portion of Americans consider of the utmost importance. In Holloway v. Barr, a case pending before the United States Supreme Court on a…
What type of cell phone information can the police obtain without a warrant? This is an important question under the 4th amendment that the Massachusetts Supreme Court recently addressed. Nowadays, nobody leaves their cell-phones out of their sight, and a cell phone is almost an extension of a person’s body. …
Uber and Lyft drivers are all over Massachusetts; while the number of people traveling with RideShare has certainly decreased with COVID-19, there are still a significant number of Lyft and Uber drivers on the road. What happens if you are involved in an accident with Uber or Lyft or have…
Police Brutality Lawsuit Filed Over Arrest Forceful Arrest by Buffalo Police Just one day into the new year, a young man in Buffalo suffered horrible injuries at the hands of a local police officer. Tyshawn Vance, a 21-year-old, filed a lawsuit Monday in the state Supreme Court. He alleges that…
In a recent case, the Third Circuit held in Levy v. Mahanoy Area School District that a profane “snap” posted by a teenage girl was protected speech under the First Amendment. Today, any teen or young adult has grown up with Snapchat, an app that allows users to send their…
What is the Process to Seal a Misdemeanor? One common questions many have after having been charged with a criminal case is how can I expunge it from my record. In Massachusetts, the law does not allow expungements, but does allow individuals to Seal their record which accomplishes the same…
The COVID-19 vaccine is out and many wonder what the legal ramification are; can you be required to take the vaccine. As everyone is aware, the vaccine was rushed through at a record speed. Have all the side effects of the vaccine been adequately studied? We will not know the answer…