Articles Tagged with #bostonappealslawyer

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The Massachusetts Appeals Court recently reversed the conviction of a man who was found guilty after trial in the Cambridge District Court of gun/firearms charges, including unlawful possession of a firearm. Timageshe issue on appeal concerned the pre-trial motion to suppress challenge of the defendant, who argued that he was unlawfully seized and searched by police because they lacked reasonable suspicion to stop him.

The case arose in 2006 when a woman reported that her car was struck by a bullet as she was driving in Cambridge, Massachusetts.  At 10:50 p.m., Cambridge Police Officers met with the woman near the location where the shots were believed to have been fired. She told police that, immediately after the shots, she saw a group of young black males run into the courtyard of a housing complex. Notably, she stopped short of saying that the group was involved with the shooting of her vehicle, and she was not able to provide any descriptive information about the males she saw running. Continue reading →

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The United States Supreme Court reversed the murder conviction of a Louisiana man and granted him a new trial, finding that the the prosecutor had withheld evidence that could have supported his defense at trial that could have cast doubt on the credibility of prosecution witnesses. This case, Weary v. Cain, is notable because the SJC expanded upon the principle concerning violations of a defendant’s due process rights when the prosecution withholds material evidence.

Under the rule pursuant to Brady v. Maryland, the suppression by the prosecutor of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. In Weary v. Cain, the SJC held that the defendant does not need to establish that “more likely than not” that he would have been acquitted if the withheld evidence had been admitted. Rather, the defendant claiming a “Brady violation” need only show that the evidence is sufficient to “undermine the confidence” in the verdict.

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The Massachusetts Appeals Court recently rejected the Commonwealth’s appeal from the suppression of drug evidence by the trial court, holding that the judge properly suppressed the drugs seized from the defendant because the Boston Police conducted an unlawful search and seizure of his person.

In the case of Commonwealth v. Johnny Evans, the defendant challenged the stop by the police and claimed that he was subjected to an unlawful search and seizure, despite the recovery of cocaine. The judge who heard the defendant’s motion to suppress agreed, ruling that the stop was unconstitutional, and suppressed the cocaine.

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