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SJC Offers No Coverage for Cops Performing Warrantless Searches of Cell Phones
On June 25, 2014, the Supreme Court of the United States (SCOTUS), in California v. Riley, issued a ruling which essentially held that law enforcement cannot search a person’s cell phone “incident to...
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SCOTUS Clears Up ACCA – Rules Residual Clause Unconstitutionally Vague
Amidst all the brouhaha following the Supreme Court’s decision to declare bans on same-sex marriage unconstitutional, one case came and went completely under the radar: Johnson v. United States. The...
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FOX 25: Could Dzhokhar Tsarnaev Return to MA to Face State Charges?
Criminal defense attorney Brad Bailey, a former federal prosecutor and assistant district attorney in the Middlesex County District Attorney’s Office, joins FOX 25 to discuss Middlesex County District...
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Middlesex DA Should Avoid Rerunning Boston Marathon Case in State Court
Last week, Middlesex County District Attorney Marian Ryan confirmed her Office has begun the process of pursuing the first degree murder and firearms indictments against Dzhokhar Tsarnaev in connection...
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OMG – SJC rules text message now admissible under excited utterance exception...
On July 13, 2015, in Commonwealth v. Mulgrave (SJC-11569), the MA SJC ruled that text messages may be admissible under an exception to otherwise inadmissible hearsay, as excited utterance(s)....
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Haze Hangs over Nantucket & MV Sounds Re: MA Medical Marijuana
Massachusetts is one of a number of states that recently passed a medical marijuana law (in 2012) allowing qualified patients legal access to cannabis.[1] Nonetheless, while voters in the...
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A Sentencing Shift?: Moving Away From Mandatory Minimums
Mandatory minimum prison sentences are again making headlines; from President Obama publicizing his related action-agenda earlier this month to actual reforms in the criminal justice system, to HBO...
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With Deflategate Passed to Federal Court, Who Gets Flagged?
Last week, I was contacted by two local television stations and asked to provide on-air analysis regarding recent developments in the Tom Brady-Deflategate legal proceedings. My first thoughts were,...
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Body Cams – Should they be standard issue or a privacy issue?
The number of fatal police encounters, which continue to garner national media attention, appear to only be increasing since the death of Michael Brown in Ferguson, Missouri. A state Grand jury, as...
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St. Paul’s Rape Case Shows Some Traditions Aren’t Worth Saluting
While there is nothing unique about the ongoing jury trial in a Concord, NH courtroom in terms of the decision to pursue statutory rape charges in a case involving both a teenage defendant and teenage...
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