Category Archives: Criminal Law & Procedure

Assault & Battery is a Lesser included Offense of Rape

Recently in an unpublished opinion the Appeals court ruled that Assault & Battery is a lesser included offense of Rape in COMMONWEALTH vs. PERDITE SCOTT MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 COMMONWEALTH OF MASSACHUSETTS APPEALS COURT The court in … Continue reading

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SJC Rules “CWOF” is Not a Conviction For License Suspension Purposes

Recently, in PAUL J. SOUZA vs. REGISTRAR OF MOTOR VEHICLES & another 462 Mass. 227 (2012) the SJC ruled that a driver who had a prior 1997 “Continued without a Finding” or “CWOF” was not sufficient for the purposes of suspending the … Continue reading

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Appeals Court Rules on Lesser Included Offense

Recently the Appeals court decided COMMONWEALTH vs. HERIBITO FIGUEROA MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. The unpublished decision stated that the defendant’s conviction of unlawful possession of ammunition is duplicative of his conviction of possession … Continue reading

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SJC Decides Double Jeopardy Case

Recently the SJC ruled on whether a defendant charged with summary contempt procedings was barred from Being charged by the principles of “double jeapardy” in ADMILSON VIZCAINO vs. COMMONWEALTH 462 Mass. 266 (2012). The court in ruling that double jeopardy … Continue reading

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SJC: Sex Offender Still Entitled to Hearing Under G. L. c. 6, § 178L (1) Despite Not Attending it Themselves

Recently the SJC ruled in JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 941 vs. SEX OFFENDER REGISTRY BOARD 460 Mass. 336 (2011) that the Sex Offender Registry Board lacked the authority to declare that a sex offender had waived his right to … Continue reading

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Inevitable Discovery Used in Extra Jurisdictional Stop Found Valid by Appeals Court

The Appeals court recently opened the door a little wider for police to exercise some authority outside their jurisdictions. In COMMONWEALTH vs. STEVEN M. LAHEY 80 Mass. App. Ct. 606 (2011) the Appeals court found the extra jurisdictional stop by officer Jeff Zaccardi of … Continue reading

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G.L.c.6,§178K(2)(e) Found Unconstitutional as Applied to Sex Offender

Recently the SJC ruled in JOHN DOE vs. POLICE COMMISSIONER OF BOSTON 460 Mass. 342 (2011). In the case, the plaintiff, was a level three sex offender currently residing in a rest home. Pursuant to a statute enacted by the Legislature … Continue reading

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