Massachusetts Appeals Court Concludes Cop Properly Stopped Car Where Passenger was Hanging Out of Window
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
4y ago
The Massachusetts Appeals Court today reversed a district court judge’s ruling that a police officer lacked constitutional authority to stop a car where the passenger was hanging out of the passenger’s side window.  The name of the case is Commonwealth v. Kaplan. At just past midnight on October 27, 2018, an Amherst police officer saw the defendant driving through the parking lot of the town hall.  The front-seat passenger had her chest sticking out of the window and she was yelling while hanging onto the roof.  The defendant then pulled out of the parking lot and started drivin ..read more
Visit website
Massachusetts Appeals Court Suppresses Statement of Accused Springfield Murderer
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
4y ago
The Massachusetts Appeals Court today ruled that parts of an accused murderer’s statement to the police cannot be used at trial because he was not provided with his Miranda warnings.  The name of the case is Commonwealth v. Pinney.  On March 23, 2014, a Springfield cop was dispatched to the defendant’s home to investigate the report of a serious assault.  Upon arrival, the victim’s boyfriend told the officer that his girlfriend was inside and had been assaulted.  The officer entered the house and found the defendant in a hallway.  The defendant, who appeared upset, had ..read more
Visit website
Massachusetts Supreme Judicial Court Orders New Trial for Mattapan Man Convicted of Murdering Teenager
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
4y ago
The Massachusetts Supreme Judicial Court yesterday upheld a superior court judge’s decision to grant a new trial to a Mattapan man who had been convicted of shooting to death a 19-year-old man following a baby shower in Roslindale.  The name of the case is Commonwealth v. Perez.  On March 22, 2003, the defendant and the victim both attended a baby shower along with approximately 100 other people.  The shower ended around midnight and people began to congregate outside the function hall.  An argument erupted between a man with a gun and a guest from the shower, which resulted in the armed man ..read more
Visit website
Massachusetts Appeals Court Upholds Rutland Gun Conviction Despite Erroneous Introduction of Defendant’s Statement at Trial
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
4y ago
The Massachusetts Appeals Court today ruled that while a defendant’s statement to the police should not have been introduced to the jury, the error was harmless and his conviction can therefore stand.  The name of the case is Commonwealth v. Spring.  At just past 2 a.m. on New Year’s Day of 2016, a Rutland police sergeant came upon a black Jeep parked in a private parking lot.  The Jeep’s windows were fogged and there was a t-shirt hanging from the driver’s side window.  The sergeant approached the vehicle and found the defendant sleeping inside.  The officer woke up the defendant, who identi ..read more
Visit website
Massachusetts Appeals Court Reverses Conviction Following Improper Jury Selection Process in Racially-Charged Wareham Case
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
4y ago
The Massachusetts Appeals Court today reversed a man’s convictions for assault and battery with a dangerous weapon after concluding the trial judge improperly excluded prospective jurors who said they would view witnesses who uttered racial slurs in a negative light.  The name of the case is Commonwealth v. Alves.  The defendant was at a graduation party in Wareham in June of 2013 when his friend was punched in the mouth.  The friend told the defendant that he was scared of a group of white men (including the person who had punched him) and the defendant told the white men to leave his friend ..read more
Visit website
Massachusetts Supreme Judicial Court Changes Rules for Showup Identification Procedures
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
4y ago
In affirming a man’s armed robbery conviction, the Massachusetts Supreme Judicial Court announced a new rule related to showup identifications.  The name of the case is Commonwealth v. German. On a June night in 2015, a Lawrence restaurant was closing.  The manager and three of her waitresses were leaving the building when a man, later identified as the defendant, appeared with a gun and demanded the women “give [him] everything.”  One woman, who was holding a cell phone, a laptop, and her purse, tossed the items toward the defendant, while her friend ran around the corner and called 911.  Me ..read more
Visit website
Massachusetts Supreme Judicial Court Profoundly Changes Standard Relating to Seizure of Suspects
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
4y ago
In an important case delivered today, the Massachusetts Supreme Judicial Court drastically changed the analysis for determining if a suspect has been seized by the police in the constitutional sense.  The name of the case is Commonwealth v. Matta.  In November of 2005, the Holyoke Police Department received two tips from a caller who saw a person place a gun under the front seat of a black car containing two male and two female occupants.  The car was parked in a dangerous area of the city.  Cops arrived at the scene within three to four minutes and found a dark green Honda.  there were two p ..read more
Visit website
Massachusetts Supreme Judicial Court Rules a Warrant is Ordinarily Required to Obtain the Real-Time Location of a Suspect’s Cell Phone
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
5y ago
The Massachusetts Supreme Judicial Court today ruled that the police must ordinarily obtain a search warrant before obtaining the real-time location of a suspect’s cell phone.  The name of the case is Commonwealth v. Almonor.  A man was shot and killed in Brockton on August 10, 2012.  An immediate police investigation commenced and eyewitnesses were able to identify the defendant as the shooter.  The cops obtained the defendant’s cell phone number and the address of his former girlfriend.  They also learned the defendant still possessed the shotgun used in the murder.  About six and a half ho ..read more
Visit website
Massachusetts Appeals Court Allows Prosecutor to Read Dead Victim’s Testimony into Record at Defendant’s Trial
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
5y ago
The Massachusetts Appeals Court today ruled that a Massachusetts prosecutor can read into evidence the previous testimony given by a crime victim, where the victim has subsequently died and is obviously not available to testify at the trial.  The name of the case is Commonwealth v. Fontanez.  The defendant allegedly stabbed the victim at a Springfield bar.  The police presented the victim with a photo array and the victim identified the defendant as the stabber.  The defendant was indicted for: assault and battery with a dangerous weapon causing serious bodily injury; and armed assault with i ..read more
Visit website
Massachusetts Appeals Court Rules Juvenile’s Age Must Be Considered in Miranda Analysis
Massachusetts Criminal Attorney Blog | Constitutional Law Blog
by Spring & Spring
5y ago
The Massachusetts Appeals Court today ruled that a juvenile’s age must be considered by a judge in determining whether the juvenile was subjected to the functional equivalent of an interrogation.  The name of the case is Commonwealth v. Quinones.  On July 21, 2015, the victim was shot in the leg while walking on his friend’s driveway in Lynn.  A witness reported a kid rode to the driveway on a bike, pulled out a gun, and shot the victim.  The police arrived in short order and searched the surrounding neighborhood, finding the defendant and another person inside a vehicle.  The defendant, who ..read more
Visit website

Follow Massachusetts Criminal Attorney Blog | Constitutional Law Blog on FeedSpot

Continue with Google
Continue with Apple
OR