Articles Tagged with Massachusetts Criminal Appeals

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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 shots fired by multiple shooter in a residential area. One 911 caller reported that the shooters were black and or Spanish, one of which ran towards a nearby park. Another 911 caller reported a shooter as a black male who wore a black jacket, a red bandana, and then ran from the scene (without stating even the general direction of flight). Continue reading →

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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 before the jury.

James Brescia was tried in the Middlesex Superior Court in 2006, charged with murder in the shooting death of a man whom he believed was having an affair with his wife.  The Middlesex County District Attorney’s Office alleged that the defendant had hired an assassin to kill his wife.  During trial, the defendant elected to testify in his own defense; and he was cross-examined by the prosecution over two days.

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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 reversible, the defendant’s conviction was reversed.

The defendant was tried for the crime of assault & battery in the Brockton District Court.  During closing arguments, the prosecutor argued:

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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In the case of Commonwealth v. Maingrette, the Appeals Court ruled that the arrest, based on a default warrant that was no longer active at the time of the defendant’s arrest, was unlawful and evidence seized as a result must be suppressed.

When “an arrest is wrongly made on the basis of mistaken information chargeable solely to the police, the burden is on the government to show that i twas not at fault in the circumstances” and that the mistake was reasonable.”

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