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AUGUST 18, 2014

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In a recent decision, the Massachusetts Appeals Court affirmed a superior court judge’s decision that the closure of the courtroom for the general questioning of the venire violated a criminal defendant’s Sixth Amendment right to a public trial.

In Commonwealth v. Timothy White, the defendant, a former state police sergeant, had allegedly stole drugs from the state police evidence room and sold them for profit. The defendant was charged with trafficking in cocaine, larceny over $250, and conspiracy to traffick in cocaine. Due to the media attention the case attracted, the defendant’s counsel requested individual voir dire of prospective jurors. Unbeknownst to the defendant or the judge, the courtroom was closed to the public for the first phase of the juror selection process, based upon the courtroom lacking sufficient space to seat all members of the venire.

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Posted In: Drug Trafficking , Right to Public Trial , Sixth Amendment

AUGUST 20, 2014

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The Massachusetts Supreme Judicial Court (SJC) recently reversed a defendant’s conviction and remanded the case for a new trial due to the improper admission of expert testimony regarding DNA evidence. The SJC concluded that an opinion regarding the results of DNA testing is admissible only where the defendant has a meaningful opportunity to cross-examine the expert witness about the reliability of the underlying data produced by such testing.

In Commonwealth v. Tassone, a superior court jury convicted the defendant of unarmed robbery and assault and battery. The defendant had been arrested in connection with the robbery of a small variety store in Pittsfield, MA. The defendant was the allegedly the only customer in the store at the time of the robbery. It was alleged that the defendant went to the counter to purchase an item, and when the store manager opened the register door, the defendant reached into the register to take the money. A fight ensued, ending with the manager on the floor and the defendant fleeing with $350. When police arrived at the scene, they recovered a pair of eyeglasses on the floor that did not belong to the store manager.

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Posted In: Criminal Appeals , DNA Evidence , Expert Testimony , Robbery

AUGUST 25, 2014

The Massachusetts Appeals Court recently upheld a superior court ruling allowing a motion to suppress a firearm seized after a warrantless search of a backpack following an investigatory stop of a motor vehicle.

In Commonwealth v. Rutledge, two defendants were charged, among other things, with numerous firearms offenses. The arrest was made on July 13, 2011 after a 911 operator in Brockton received a call from a woman who overheard an argument between her current boyfriend and former boyfriend, when the former boyfriend allegedly pulled a gun on the current boyfriend, threatening to kill him.

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Posted In: Automobile Search , Firearm Offenses , Searches and Seizures , Warrantless Search