A Superior Court judge has ruled that police needed a warrant in order to obtain information about the location of a cell tower off which a phone call made by an alleged bank robber “pinged” just minutes after the robbery ...Read More »
Where a defendant was convicted of two counts of the lesser included offense of armed assault with intent to kill, two counts of mayhem (second branch) and two counts of assault and battery by means of a dangerous weapon, the convictions should be affirmed despite the defendant’s claims that (1) his two convictions of assault and battery by means of a dangerous weapon were duplicative of his two mayhem convictions, (2) the victim was not properly qualified to testify about her medical condition and (3) the jury instructions were flawed.
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Where (1) a defendant was convicted of one count of possession of a class A substance, heroin, with intent to distribute and (2) on an indictment charging trafficking in a controlled substance (opium or a derivative), the defendant was convicted of the lesser included offense of possession of a class B substance, pills containing a combination of buprenorphine and naloxone, collectively known as Suboxone, the convictions should be affirmed despite the defendant’s challenges to the admission of expert witness testimony.Read More »
Where a defendant's motion to suppress evidence recovered from the search of the his vehicle was allowed, the order suppressing the evidence must be vacated because the record lacks critical findings of fact necessary to resolve whether the restraint of the defendant by handcuffs elevated the detention to an arrest.Read More »
Where the defendant, based on evidence that he and several others kicked and stabbed the victim, was convicted of armed assault with intent to kill, assault and battery and assault and battery by means of a dangerous weapon, the conviction for the crime of armed assault with intent to kill must be reversed because the judge improperly instructed the jury on the theory of joint venture.
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Where the petitioner argues that his habeas corpus petition would have been timely filed but for the prison’s failure to deliver his mail, his untimely petition does not warrant equitable tolling of the statute of limitations period because he cannot show that extraordinary circumstances existed which caused his petition to be filed late.Read More »
Where the defendant was convicted of trafficking in cocaine and heroin after certificates of drug analysis were improperly admitted at trial, the heroin conviction must be reversed, but the conviction for trafficking in cocaine must stand because there is sufficient other evidence to render the admission of the cocaine certificate of analysis harmless beyond a reasonable doubt.Read More »
Where the petitioner moves to vacate, set aside, or correct his sentence, arguing that his counsel at his change of plea provided ineffective assistance by failing to inform him of the elements of 18 U.S.C. §924(c), the petition must be denied because the petitioner’s testimony is not credible and he has failed to demonstrate that his counsel’s assistance was ineffective.Read More »
Where a defendant pleaded guilty to transportation of child pornography, receipt of child pornography and possession of child pornography, the defendant must be denied post-plea release because there are no “exceptional reasons” why detention would be inappropriate.
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Where a judge in the Roxbury Division of the Boston Municipal Court suppressed a bicycle as a fruit of a warrantless seizure, the suppression should be affirmed because there was no ground upon which the police could properly seize the ...Read More »