Blog
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Massachusetts appellate law blog: June 2021
In case of first impression, on June 1st, 2021, the Massachusetts Supreme Judicial Court (SJC) held that a person could not challenge the warrantless search of another person’s cell phone. The case is Commonwealth v. Delgado-Rivera, 487 Mass. 551 (2021). Some background: In June 2014, the Supreme Court of the United States decided Riley v. California, 573…
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Massachussetts Case Law Update: February 4th, 2021
In a decision from the Appeals Court in Massachusetts on February 4th, 2021, the Court reversed the conviction of a defendant, holding that the trial judge was wrong to seat a juror the defendant sought to remove with a peremptory strike. The case is Commonwealth v. Gonzalez, No. 19-P-1767, 2021 Mass. App. LEXIS 15 (App. Ct.…
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How Long Does A DUI Stay On Your Record in Rhode Island?
Having a Driving Under the Influence (hereinafter “DUI”) conviction on your record can be a stressful and restrictive experience. You may face license suspension, probation, mandatory community service hours, or potentially imprisonment. Moreover, the consequences you face for the years following your DUI conviction will depend on countless different factors. Most notably, the number of…
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Who Decides Cases Heard By Appellate Courts?
The United States court system is divided into three levels: district courts, appellate courts, and the Supreme Court. Appellate courts were born out of a need to reduce the caseload on the Supreme Court, so they became an intermediary between the lower courts and the highest court in the land. Today, as then, the Supreme…
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How Much Evidence Is Enough To Establish Probable Cause To Search A Cell Phone In Massachusetts?
Recent cases from the Massachusetts Supreme Judicial Court offer some guidance. Nearly six years have passed since the Supreme Court of the United States decided the landmark case of Riley v. California,573 U.S. 373 (2014), holding that the police generally may not, without a warrant, search digital information on a cell phone seized from an individual…
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Digital Evidence In Criminal Trials
By its very definition, digital or electronic evidence is any information that is stored or has been transmitted in digital form. It may be used at trial if the court determines it to be relevant. To admit it, the court must find out whether it is authentic and decide if they would accept a copy…
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Breath Tests Results Still Being Excluded From Evidence In Massachussetts OUI Case
On August 23, 2017, the Massachusetts District Attorneys Association announced that their prosecutors would suspend the use of alcohol breathalyzer tests in current and future Operating Under the Influence (“OUI”) cases and would refrain from offering the tests into evidence at OUI trials or in plea negotiations. The reason for this suspension is due to the questionable…
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Breaking Down RIs New Firearms Law-What You Need To Know
In response to the growing problem of domestic violence, the Rhode Island legislature enacted the Protect Rhode Island Families Act, which requires people served with restraining orders and convicted of domestic violence offenses to surrender their firearms. The Protect Rhode Island Families Act amends Section 8-8.1-3 of the Domestic Assault chapter to allow a court…
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Preserve Your Right To Appeal After Trial-Rule 29 And Rule 33 Motions In Ri
Motioning for a new trial in Rhode Island? Were you convicted at trial? Wondering how you can have the verdict vacated or obtain a new trial? If you went through the difficulties and challenges of a trial in Superior Court and lost, you are likely wondering what your option is for appeal. The good news is…
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RI LEGISLATURE PASSES BUDGET, HANDS-FREE PHONE LAW; FIREARM FORFEITURE LAW TO BE VOTED ON IN SEPTEMBER
After a nearly two-week stand-off by leadership in the RI Senate, the General Assembly has passed a multi-billion dollar budget, that the Governor has signed into law. The budget, coming in at 9.2 billion dollars, includes a controversial provision to reimburse Rhode Island residents over $26 million in car taxes over the next fiscal year,…
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RI LEGISLATURE PASSES BUDGET, HANDS-FREE PHONE LAW; FIREARM FORFEITURE LAW TO BE VOTED ON IN SEPTEMBER
Breath Tests Results Still Being Excluded From Evidence In Massachussetts OUI Case
How Much Evidence Is Enough To Establish Probable Cause To Search A Cell Phone In Massachusetts?
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Financial Mistakes Women Make in the Divorce Process
What Can I Do if My Spouse Refuses to Provide Financial Disclosures During a Rhode Island Divorce?
Do I Need a Prenuptial or Postnuptial Agreement in Rhode Island, and What Makes It Enforceable?
How is Marital Property Divided Under Rhode Island’s Equitable-Distribution Rules?
