Massachusetts Criminal Defense Lawyer Blog

Massachusetts Escalator Accidents and Liability for injuries at Malls and Department Stores

September 2, 2021 | by Michael DelSignore

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 other commercial enterprise that transports passengers for a fee and establishes that their service is open to the general public. Some common examples of a common carrier are railroads, airlines, and taxi services. Common carriers are held to a slightly higher standard of care than individuals, they are required to provide their passengers with the utmost duty of care. For example, common carriers are liable for injuries suffered by passengers as a result of a carrier’s negligence but do not ensure passenger safety. Companies and drivers are not responsible for injuries that happen because of causes that are out of their control.

Massachusetts Supreme Judicial Court reviews racial bias in jury selection in Commonwealth v. Carter

September 1, 2021 | by Michael DelSignore

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 1986 case of Batson v. Kentucky, the United States Supreme Court held that a prosecutor cannot use peremptory challenges to exclude jurors solely on the basis of race.

The Massachusetts Supreme Judicial Court held Commonwealth v. Carter that it was an abuse of discretion for the trial judge not to require the prosecution to provide a race-neutral reason for its challenge of at least one Black juror.

Massachusetts Appeals Court examines the elements of Larceny in case involving overcharging an elderly person

August 30, 2021 | by Michael DelSignore

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 Watterson provided services as an oil burner technician, plumber, and drain specialist. The State alleged that he targeted and stole from various elderly and unsuspecting customers. The judge found him guilty of one count of larceny by false pretenses and one count of larceny from an elderly person. Defendant challenged the sufficiently of the evidence.

What happened in the Watterson case?

Massachusetts Supreme Judicial Court Decides Admissibility of Cell Site Location Information

August 15, 2021 | by Michael DelSignore

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. CSLI raises many privacy and seizure issues, including an issue surrounding the right to privacy. Is CSLI too intrusive, or is it a technology that will lower rates of violent crime?

In Commonwealth v. Louis, the Massachusetts Supreme Judicial Court released a holding that may be detrimental to future cyber-privacy rights.

Is Observing a Phone’s Notifications a “Search” Under the Fourth Amendment? Supreme Court May Decide.

August 14, 2021 | by Michael DelSignore

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 two questions; the first question being whether probable cause existed under the Fourth Amendment to the U.S. Constitution to detain a person suspected of soliciting sexual activity from an undercover officer posing as a minor through social medial where the person’s identity is corroborated through the person’s actions.

In this case, the Respondent never actually “met” the “teenage girl” he was sexting with online. But, the Respondent agreed to meet the law enforcement officer posing as a minor for sexual activity and was the only person observed at the agreed meeting location using his cell phone as the law enforcement officer posing as the minor sent communications to the suspect through a social media application.

Massachusetts Supreme Judicial Court Decides Miranda Rights Case, Can a Person Re-Invoke Their Right to Have an Attorney Present?

August 13, 2021 | by Michael DelSignore

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 we revoke those rights and then attempt to re-invoke them? The Massachusetts Supreme Judicial Court examined this issue in Commonwealth v. Edward Gonzalez.

What happened in the Gonzalez case?

The Massachusetts Supreme Judicial Court to Decide Whether an Unprovoked Patfrisk is Constitutional

August 12, 2021 | by Michael DelSignore

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% of the city’s population, Black people accounted for 46% of those subjected to police field incidents since 2020. New Bedford has cracked down on suspected gang activity in recent years, and the racial disparities appear here as well. Nearly 1 in 10 Black males living in New Bedford are labeled as verified gang members by the city.

What happened in the Bailey-Sweeting case?

Circuit Split Arises Concerning the Legality of Video-Recording Law Enforcement

August 11, 2021 | by Michael DelSignore

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 played the video in its entirety at the murder trial of Derek Chauvin. Without this video, Chauvin would have likely faced no consequences for his actions.

One of the first and most well-known recordings of police brutality was the beating of Rodney King in Los Angeles. In those days, civilian recordings of police officers were rare, but now, many instances of police brutality and abuse are caught on camera by concerned civilians.

Massachusetts Supreme Judicial Court Decides Parent-Child Testimony Privilege

August 9, 2021 | by Michael DelSignore

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 a criminal, delinquency, and youthful offender proceedings where the victim is not a family member and does not reside in the household. But can a parent testify against their own child? The Massachusetts Supreme Judicial Court recently decided the case of Commonwealth v. Eli Vigiani, which asks the question of whether under Massachusetts law, a parent is disqualified from being called to testify in their child’s defense at an evidentiary hearing for a motion to suppress.

This case concludes that while Massachusetts law prevents the prosecution from calling in the child’s parents to testify against the child, it does allow for the child to call in their parents as a witness for their defense, and in turn, the state is permitted to cross-examine the parents.

Prison Medical Abuse Case Pending Before the United States Supreme Court

August 8, 2021 | by Michael DelSignore

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 a detainee awaiting trial has a serious health problem that is ignored by a prison official? What kind of recourse can this person seek. The case Strain v. Regalado is pending before the United States Supreme Court asks the question of how a pretrial detainee can prove a prison official disregarded their health concern.

The legal standard for claims against jail medical staff for pretrial detainees is the subject of a 4-3 circuit split. The Fifth, Eighth, Tenth, and Eleventh Circuits require pretrial detainees to plead and prove that jail defendants who denied them medical care subjectively knew that their deficient treatment would pose a substantial risk of serious harm. However, the Second, Seventh, and Ninth Circuits do not require pretrial detainees to plead and prove such a high standard. The Tenth Circuit held that pretrial detainees medical care claims are governed by a subjective standard.