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.
Commonwealth v. Hamel
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.
Gantt v. State of Maryland
Commonwealth v. Smith
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.
Commonwealth v. Simmarano
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.
Commonwealth v. Meadows
Commonwealth v. Marston
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.
Petition for Writ of Certiorari
Although it was eventually denied, this petition highlights the weakness of the evidence against our client, outrageous police misconduct in destroying evidence, and the ways in which the Massachusetts law on destruction of evidence fails to protect constitutional rights.
Public Trial Brief (Cohen)
This is an amicus (friend of the court) brief we submitted on behalf of the public defender’s office. Our position won and the case established as Massachusetts law that excluding spectators from jury selection violates the right to a public trial.
Brief Against Animal Rights “Terrorism” Law
We co-authored this amicus brief with the ACLU of Massachusetts, supporting activists’ challenge to a terrifying vague federal law that criminalizes even the most minor conduct as terrorism.
Supreme Court Brief on Double Jeopardy
This is our brief which convinced the Supreme Court that our client’s conviction violated the Double Jeopardy Clause of the Constitution.
Listen to the arguments here.
Motion to Dismiss - Indian Land
Attorney Client Privilege
What happens to the attorney-client privilege when a defendant claims that his trial attorney was ineffective?
Custody, Interrogation and Miranda Rights
This is a guide for criminal defense attorneys describing when Miranda warnings are required and what constitutes “interrogation” requiring Miranda warnings.
Public Records Requests
The Massachusetts version of the Freedom of Information Act provides an opportunity to get copies of important documents such as police manuals, expert reports, or internal affairs complaints. This brief guide provides quick guidance for the criminal defense attorney seeking public records.
The Secretary of the Commonwealth also has a long and comprehensive guide here.
Habeas Corpus FAQ
Federal habeas corpus petitions are unfamiliar territory for many criminal defense attorneys. Here is a practical guide to common questions about filing a habeas corpus petition.
Habeas One-Year Clock
In 1996, Congress severely restricted the time for filing a habeas corpus petition. This is a brief explanation of how those time limits work.
Certiorari and Further Appellate Review
This provides a quick outline of the mechanics of petitions for Further Appellate Review in the Supreme Judicial Court and petitions for certiorari in the United States Supreme Court. There are also tips for appellate counsel about how to focus such petitions.