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Articles Posted in Massachusetts Criminal Appeals

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Massachusetts Appeals Court Broadens Scope of Lawful Stop on Vague Description of Suspect

In a recent decision, the Massachusetts Appeals Court appears to have broadened the scope of “reasonable suspicion to stop” a person in circumstances where he did not match the descriptions of the suspect as provided by eyewitnesses. In the case of Commonweatlh v. Johnson, police responded to several 911 calls of…

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Massachusetts Courts Affirm Defendant’s New Trial Motion in Murder

The Massachusetts Supreme Judicial Court, in the case of Commonwealth v. Brescia, affirmed a judge’s allowance of the defendant’s motion for new trial on the grounds of, because of the defendant’s having had an undetected stroke during the course of his testimony, this medical condition could have affected his credibility…

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Error for Massachusetts Prosecutor To Comment on Defendant’s Constitutional Rights During Closing Argument

The Massachusetts Appeals Court recently ruled that it is reversible error and improper for a prosecutor to suggest the defendant had the opportunity to tailor his testimony and lie because he had heard the other witnesses during trial.  This issue was addressed in Commonwealth v. Alphonse, and because the error was…

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Massachusetts Appeals Court Suppresses Evidence From Wrongful Arrest Based on Misinformation by Boston Police

The Massachusetts Appeals Court recently suppressed evidence in a case that was seized as a result from an arrest by Boston Police based on mistaken information.  In the case of Commonwealth v. Maingrette, the Appeals Court ruled that the arrest, based on a default warrant that was no longer active…

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