When Can a Defendant Waive Their Right to a Jury Trial? 

Most of us know that there is a fundamental right to a jury trial. However, there is also a right to waive a jury trial. The case of Commonwealth v. Gebo is pending before the Massachusetts Supreme Judicial Court and involves a defendant who wanted to waive her right to a jury on the day of trial. 

In April of 2017, Homer Gebo was watching the news and drinking coffee in his home. His wife, the defendant, went into the kitchen. A fight ensued between them, and the defendant picked up a plastic chair and hit Mr. Gebo’s arm. Mr. Gebo grabbed the chair and threw it. The defendant then hit Mr. Gebo in the head with a ladle. He passed out for 10-12 seconds and then awoke. Confused, Mr. Gebo asked what had happened and why the defendant hit him. She told him that he had a heart attack. 

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 who matches the suspect’s description. The Massachusetts Appellate Court recently decided a case that examined this issue in Commonwealth v. Travis.

What happened in the Travis case?

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 milligrams is enough to kill a grown man. To put this into perspective, 3 milligrams of fentanyl is difficult to see with the naked eye. The Massachusetts Appellate Court looked at a motion to suppress fentanyl seized during a traffic stop in Commonwealth v. Wade. 

What happened in the Wade case?

Defendant Wade allegedly sped past a state trooper at 11 pm while the officer was pulled over on the side of the road conducting another stop. Wade was with four other passengers. Officers claimed that the car smelled like marijuana. In addition, the driver did not have a license or registration. Officer also said they found it suspicious that one passenger had his hood up and his hand in his pockets. The officer demanded he remove his hand from his pockets but the passenger did not. Other passengers were reaching in their pants and pockets. Wade put his hands in his waistband. The officers then pulled Wade out of the car and searched him. They found a pill bottle with the name removed. The fentanyl was found in the bottle.

Can a Case Based on a Photo be Decided Without the Photo? Massachusetts Appellate Court Decides. 

Photographing a nude or partially nude person in an area where they have a reasonable expectation of privacy is a crime in Massachusetts. But what if the alleged photograph is never produced at trial? The Massachusetts Appellate Court recently revisited this issue in Commonwealth v. Cooper. 

What happened in the Cooper case?