443 Mass. 649 (2005) (manslaughter)
Jurors should hear evidence of the “victim’s” past history of violence because it could prove that the deceased was the aggressor and the defendant acted in self-defense. This was a radical change in the Massachusetts law of self-defense.
17 Mass. L. Rep. 308 (2004) (extortion)
A protestor’s extremely strident statements on a picket line were protected by the First Amendment and the indictment must be dismissed.
438 Mass. 444 (2003) (armed robbery)
Limitation on cross-examination of witness regarding whether his identification of was tainted violated the defendant’s right to confront the witnesses against him.
55 Mass. App. Ct. 691 (2002) (rape of a child)
The prosecution used a psychologist as an expert on the characteristics of sexually abused children. The testimony unfairly bolstered the complainant's credibility by improperly telling the jury that the defendant fit the "profile" of a likely child abuser. The conviction was reversed and the Commonwealth dropped the charges.
218 F. Supp. 2d 26 (2002) (masked armed robbery)
The prosecutor’s outrageous conduct in closing argument, calling himself a choirboy and saying the defendant did not get the presumption of innocence, infected the trial with unfairness.
53 Mass.App.Ct. 685 (2002) (armed robbery)
The defendant was entitled to display his tattoos to the jury to show that he had been misidentified. Because the judge refused to allow this, he was entitled to a new trial.
52 Mass.App.Ct. 25 (2001) (attempted murder, solicitation of felony)
The defendant was recorded recruiting undercover informants to kill someone. The evidence was insufficient to convict the defendant of attempted murder.
49 Mass. App. Ct. 827 (2000) (armed robbery)
The jury should have been told that the prosecutor’s failure to call crucial witnesses could be held against the Commonwealth.
50 Mass. App. Ct. 312 (2000) (armed home invasion).
Trial counsel was ineffective in failing to request that the jury be told that consent was a defense to home invasion.
47 Mass.App.Ct. 1110 (2009) (violation of probation)
The defendant escaped jail while also on probation. Authorities’ failure to seek his return to Massachusetts prevented them from revoking his probation 13 years later.