#bostoncriminallawyer

MA SJC Leaves Open Judge’s Granting Immunity. One Day…

Published on: August 2, 2015 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Supreme Judicial Court recently considered a defendant’s challenge that his second degree murder conviction should be overturned because his constitutional rights were violated when the trial judge refused to grant immunity to potential defense witnesses. In the case of Commonwealth v. Brewer, although the SJC affirmed the defendant’s conviction, the court left open the issue of defendant’s, as opposed to only the government, having a means to offer immunity to potential witnesses.

In this case, the victim had been shot after leaving a party, though the evidence suggested that he was not the intended target of the shooting. The government called three witnesses who claimed the defendant was the shooter, one of whom was granted immunity in exchange for his testimony. The defense, however, attacked these witnesses’ credibility and asserted that one of these three witnesses was actually the shooter.

Massachusetts Appeals Court Uphold Suppression of Drug in Unlawful Boston Police Search & Seizure

Published on: July 31, 2015 | by Lefteris K. Travayiakis, Esq.

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.

Massachusetts Supreme Court Announces ‘Parental Privilege’ in Child Spanking Case

Published on: July 1, 2015 | by Lefteris K. Travayiakis, Esq.

In a recent appeal from the defendant’s conviction for assault & battery for spanking his child, the Massachusetts Supreme Judicial Court ruled that the father should have been permitted to assert at trial the ‘parental privilege’ defense. See Commonwealth v. Dorvil.

In this case, the defendant was charged and convicted with assault & battery for spanking his daughter, who was almost three years old at the time. At trial, the defendant argued that the evidence against him was insufficient to convict him for the crime of assault & battery because, as a parent, he had a privilege to use force in order to discipline his minor child. The Appeals Court first considered the issue and denied his appeal. The Massachusetts Supreme Judicial Court thereafter considered the issue and reversed his conviction. Continue Reading ›