Articles Posted in Constitutional Law

The Massachusetts Supreme Judicial Court yesterday affirmed the conviction of a 19-year-old Chelsea man who was found guilty of murdering his mother.  The name of the case is Commonwealth v. Cartright. Continue Reading

In an important decision delivered today, the Massachusetts Supreme Judicial Court reminded trial judges that the purpose of bail is not to detain criminal defendants pending trial.  The name of the case is Brangan v. CommonwealthContinue Reading

The Massachusetts Supreme Judicial Court today ruled a defendant who has been found not guilty of operating under the influence of alcohol under one theory of liability can be prosecuted again for the same incident under a different theory of liability.  The name of the case is Commonwealth v. Hebb. Continue Reading

In an important search and seizure case delivered yesterday, the Massachusetts Supreme Judicial Court ruled a police officer may not stop a car to serve a restraining order on its driver absent extraordinary circumstances.  The name of the case is Commonwealth v. SanbornContinue Reading

The Massachusetts Supreme Judicial Court today reversed a Roxbury man’s murder conviction because the judge did not properly question a prosecutor who removed a black person from serving on the jury.  The name of the case is Commonwealth v. JonesContinue Reading

The Massachusetts Appeals Court today determined that a motorist had been properly stopped pursuant to a sobriety roadblock, despite the fact that several of the police officers had not performed their duties pursuant to the operations plan.  The name of the case is Commonwealth v. BakerContinue Reading

The Massachusetts Appeals Court today ruled a defendant who was linked to a crime by data compiled by the GPS bracelet he was wearing had no expectation of privacy in his location because he voluntarily wore the bracelet as a condition of his release in an earlier criminal case.  The name of the case is Commonwealth v. Johnson. Continue Reading

In upholding a defendant’s kidnapping conviction yesterday, the Massachusetts Supreme Judicial Court ruled the defendant had attempted to unlawfully strike women from serving on his jury.  The name of the case is Commonwealth v. William OberleContinue Reading

A Concord District Court judge recently agreed with Attorney Chris Spring that the sobriety roadblock regulations used to stop and seize his client were unconstitutional.  Therefore, it was unlawful for the police to pull over Attorney Spring’s client and all of the evidence against him will be suppressed.  Unless the Commonwealth appeals the judge’s ruling (and the Appeals Court reverses the decision), the case will need to be dismissed. Continue Reading