On January 5, 2016, the Supreme Judicial Court agreed with the arguments made by Attorney Wood and a team from Goodwin Proctor on behalf of the Massachusetts Association of Criminal Defense Lawyers. It held in Commonwealth v. DePiero that anonymous tips are not inherently reliable and may not form the basis for a lawful stop, search or arrest, rejecting the U.S. Supreme Court's contrary ruling in Navarette v. California.
Entitled to Defend Her Child
On December 7, 2015, Attorney Jellison convinced a trial judge to grant her client a new trial. The client had been convicted of hitting a family member who was trying to remove the client's child from the home. Regardless of whether the fault lay with the judge or the trial attorney, the jurors were never told that they could acquit the client because she was entitled to defend both her child and her home.
Insanity Instructions Changed
Based on arguments developed by Attorney Nathanson, the Supreme Judicial Court changed the required jury instructions for insanity cases. Jurors now must be told that a defendant found not guilty by reason of insanity could be committed to a mental hospital for the rest of their lives, addressing juror fears that dangerous people will be released. Read the new decision here based on Attorney Nathanson's prior arguments.
Necessity Defense for Homeless People
Attorney Wood, working on behalf of MACDL, drafted an amicus brief with a team from Ropes & Gray, the ACLU and CPCS, in Commonwealth v. Magadini arguing that a homeless person was entitled to present a necessity defense when charged with trespassing on private property to seek shelter from dangerous winter conditions. The case will be argued before the SJC in December.
Medical Marijuana Brief
On October 19, Attorney Jellison assisted by Attorney Nathanson filed an amicus brief in Commonwealth v. Vargas, No. SJC-11895, arguing that people in Massachusetts have a constitutional right to obtain treatment with medical marijuana where the voters approved such treatment. People on probation should not be put in jail for exercising this right. Read the brief here.
DNA Testing 42 Years Later
On November 3, Justice Duffly of the SJC affirmed an order granting the defendant's motion for DNA testing of a stamp admitted into evidence at our client's trial 42 years ago. Attorney Wood and Attorney Jellison persuaded Justice Duffly that the Commonwealth's appeal was untimely and meritless. This is one of the first instances in which a defendant has successfully obtained testing of evidence under G.L. c. 278A since its passage in 2012.
Challenge to Anonymous Tips
Super Lawyers
Attorney Wood and Attorney Nathanson were both recently named Massachusetts Super Lawyers for 2015 by Thomson Reuters. We are pleased with the recognition from our peers. We are even more excited that, in our everyday work, we simultaneously help protect our clients, protect all the people from government overreaching and preserve our constitution.
Natalie Rice joins W&N
We are pleased to announce that Natalie Rice joined Wood & Nathanson full-time in April. Attorney Rice brings a deep dedication to criminal defense along with diverse experiences ranging from the San Francisco and New York public defender offices to a legal tech startup to the United States Attorney's Office Anti-Terror Unit.
Protecting Cell Phone Privacy
On behalf of MACDL, Attorney Wood has filed an amicus brief in Commonwealth v. Chamberlin, SJC-11877, with attorneys at Wilmer Hale and the ACLU of Massachusetts. They argue that G.L. Ch. 271 Section 17B prohibits police from making informal requests to cell phone carriers for subscriber information during criminal investigations.
Chairing MCLE: Transgender Persons & the Law
On October 7, 2015, Attorney Jellison will chair a panel at Massachusetts Continuing Legal Education regarding Transgender Persons & The Law. The panel will educate attorneys regarding the many issues involved in representing transgender persons: proper decorum and terminology, practical issues, as well as unique substantive legal issues. Read more here.
Faulty Instructions Require New Trial
Radio appearance for ACLU
On September 1, 2015, Attorney Nathanson appeared on the Farm to Fork radio program on Northampton public radio. He discussed his work with the ACLU in bringing a First Amendment challenge to the federal Animal Enterprise Terrorism Act, explaining that this vague and overbroad statute chills legitimate animal rights activism. Listen to the program here. (Discussion begins at 35:25).
Challenge to murder statute
Commitment to our clients' wellbeing
Successful Amicus Brief
On behalf of MACDL, Attorney Wood and a team from Latham & Watkins submitted an amicus brief to the SJC in Commonwealth v. Kostka, SJC-11766. The Court adopted all of the arguments they advanced and reversed the defendant's contempt conviction, holding that he was not required to provide a DNA sample to police in a murder investigation. Read the brief here.
Speedy Trial Presentation
On May 14, 2015, Attorney Wood spoke at the Committee for Public Counsel Services annual conference regarding the right to a speedy trial. He gave attorneys practical suggestions regarding using the Supreme Judicial Court's recent decision in his case Commonwealth v. Taylor. The case established new rules that require prosecutors to provide better justification for delays that result from their failure to produce discovery.
The Right to Address the Court
Petition to the Supreme Court
Attorney Nathanson recently filed a petition with the United States Supreme Court challenging the Massachusetts SJC's ruling that his client had to show harm to his case from the denial of his right to a public trial. His client, a young Marine just back from basic training, wanted his family in the courtroom while a jury was selected. But the trial judge ordered everyone out. The Sixth Amendment guarantees a public trial.
Protecting Juveniles in Interrogation
Attorney Wood recently convinced the Supreme Judicial Court to expand the rights of juveniles being interrogated by police. Drawing on current brain science and decisions from other jurisdictions, he successfully argued that juveniles who are 17 years old should have the opportunity to consult with an "interested adult" such as a parent during interrogation.