Search for: "Commonwealth of Massachusetts"
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19 Nov 5:08 am
On November 17, 2009 the Massachusetts Appeals Court issued its decision in Commonwealth v.
Hollister. The issue in Hollister was whether the erroneous admission of a ballistician's certificate amounted to harmless error. The facts in ... a Firearm, Carrying a Firearm Without
a License and Improper Storage of a Firearm, all Crimes that are Felonies in Massachusetts. To establish operability of the firearm the
district attorney relied on a statute that permits proof through a certificate of analysis. ...
21 Nov 10:04 pm
... as though there is no evidence of erratic driving as she was stopped for a registration issue. While it is frustrating to be charged with a Massachusetts DUI if you are below the legal limit, these cases generally should be taken to trial ... as few judges would find that the Commonwealth can prove its case beyond a reasonable doubt when the Government's own prized piece of evidence, the breathalyzer, is in the corner of the
defendant. Attorney DelSignore handles Massachusetts OUI cases throughout ...
13 Dec, 2008 4:00 pm
I am posting the full test of the December 9, 2008 Massachusetts Supreme Judicial Court case Commonwealth v. Fremont Savings here as a temporary source until the full opinion is published by the Court ... or actions otherwise permitted under laws as
administered by any regulatory board or officer acting under statutory authority of the commonwealth or of the United States. "For the purpose
of this section, the burden of proving exemptions from the provisions of this chapter shall be upon the person ...
12 Nov 10:16 pm
... necessarily fall within the definition of the statute because the crime of possession of an unlicensed firearm does not require the Commonwealth to prove that an individual used the gun for an illicit purpose, just that it was not licensed. Accordingly, the Court held ... a mandatory
minimum eighteen month jail sentence. Michael DelSignore is a Massachusetts criminal lawyer, defending gun charges throughout the
Commonwealth of Massachusetts. If you were arrested or know someone held for possession ...
21 Mar 8:41 am
As someone who spent a good portion of his young adult and adult years as a citizen of the Commonwealth of Massachusetts I have been watching with amusement the process by which the Honorable Nonnie Burnes, the commissioner of Insurance, ... in the CAR pool. The
net impact is that there is a tiny number of insurance companies interested in writing business in the Commonwealth as they are in a price
controlled, mandated coverage, mandated contribution to CAR state. Unless you had a substantial block ...
8 Nov, 2008 9:54 pm
... . Stanford law professor Jeffrey L. Fisher will ague for Luis E. Melendez-Diaz. Massachusetts Attorney General Martha Coakley will argue
for the commonwealth, and Lisa H. Schertler, assistant to the U.S. Solicitor General, will ... , therefore, raise a significant threat that
innocent individuals will be found guilty, the petition contended. Replying, lawyers for Massachusetts contended that the petition had
exaggerated "the scope and depth of the conflict that exists." The majority of courts, like ...
18 Aug 7:31 pm
... or debit card transaction and either retaining on a computer or transmitting that data to a third party) or that employs a Massachusetts
resident (due to existence of the information contained in employee records, especially where those records are shared with ... 00 - 17.04 (available at [www.mass.gov]). Enforcement of
Standards for the Protection of Personal Information of Residents of the Commonwealth of Massachusetts Delayed Yet Again and Now Emphasizes a"Risk-Based" Approach. originally appeared ...
21 Sep 3:56 pm
... a certified conviction of the prior offenses, the docket sheet and any entry of appearance by an attorney. The Commonwealth may also try to
prove a prior offense by relying on probation records of conviction. The documents used to prove a prior Massachusetts OUI conviction must
match the defendant by indicating the same biographical information and identifying information. Massachusetts OUI law Section 24 provides that
the prosecutor can ...
9 Apr, 2008 7:13 pm
... v. U.S. Before Torruella, Circuit Judge, Stahl, Senior Circuit Judge, and Lynch, Circuit Judge. LYNCH, Circuit Judge. The Commonwealth of
Massachusetts wishes to ensure that the United States Nuclear Regulatory Commission ("NRC" or the "Commission") will take account of the
Commonwealth's safety concerns about treatment of spent fuel rods before the NRC decides whether to renew the operating licenses of two nuclear
energy ...
4 Sep 11:27 am
... a breathalyzer test to be admitted into evidence without the live testimony of the officer that conducted the test. In Massachusetts, the
Commonwealth would generally call the officer that conducted the breathalyzer test as a witness. Based on ... that the breathalyzer machine
complies with the annual certification and the periodic testing requirement. Generally, the Commonwealth relies on an affidavit from the Office
of Alcohol Testing to prove compliance with the annual certification and periodic ...
17 Nov 1:23 am
... is, however, who should decide this question - a judge or a jury? Historically in Massachusetts, it is the defendant who has been allowed
to make that choice whenever the Commonwealth filed such a petition - not the particular District Attorney's office ... upon very formal, and
justifiably demanding, legal criteria before granting a prosecutor's petition. The Commonwealth must meet specific legal criteria in
demonstrating that the convict suffers from a "mental abnormality or defect," therefore ...
3 Jul 11:34 am
... release of the records, the defense can challenge the introduction of the records on a number of grounds, including requiring the Commonwealth to prove the chain of custody as to who took the blood and the details of how it was drawn and whether any sterilizing agents ... can establish
the chain of custody regarding the blood test, the Commonwealth will also have to convert the hospital blood alcohol level to fit within the
requirements of Massachusetts General Laws 90 Section 24. Massachusetts ...
23 Oct, 2007 11:09 pm
... 51: At least five days prior to the sale or transfer. . . of all or substantially all of the assets situated in the commonwealth of a
domestic or foreign business corporation, except in cases where a waiver shall be given as hereinafter provided, the ... can just put a statement in the deed: "This deed is not a sale
of all or substantially all of the assets of the corporation in the Commonwealth of Massachusetts."
But if that is not true and the sale of the real estate is all or substantially all ...
16 Sep, 2008 12:12 am
... requirement. In the event that you, a family member or a friend, are charged with a crime in which possession is an element that the Commonwealth must prove, the experience and knowledge of a Boston Criminal Defense Attorney is necessary in order to mount an ... . The Massachusetts Courts have limited the spatial and temporal scope of searches that are conducted pursuant to an arrest. The Massachusetts Appeals Court reversed Pierre's conviction and re-articulated the principle that a valid search ...
24 Oct 7:07 am
... conviction. The statute provides that the Commonwealth is not required to produce live testimony to prove the prior conviction.
Massachusetts courts have held that the Commonwealth has to prove more than mere identify of name. In
other words at the subsequent offense portion of the trial, the Commonwealth must be able to match the defendant before the court with the
prior conviction, by showing the same address, date of birth, physical appearance and ...
19 Jun 10:34 am
... drugs were tested, or any explanation as to the obvious differences in visual appearance between the samples. Pursuant to standard Massachusetts trial procedure, these drug certifications were deemed admissible in and of themselves, and their authors were ... cross-examination by the
accused. Unfortunately for Melendez-Diaz, the Supreme Judicial Court of Massachusetts had already squarely addressed this issue in
Commonwealth v. Verde, 444 Mass. 279 (2005), and concluded that drug certifications ...
24 Jul 3:28 pm
... more detailed and objective criteria that must be followed before directing someone from the flow of traffic. Because a Massachusetts OUI
charge is a crime of opinion that someone is impaired, the Constitutional protections of being free from unreasonable searches and seizures ... the results of unreliable field sobriety
tests. Attorney DelSignore defends Massachusetts OUI roadblock cases throughout the Commonwealth of
Massachusetts, including Quincy, Brockton, Dartmouth and Brighton. Call for a free ...
23 Jul 5:45 am
... operate a motor vehicle under the influence of a narcotic drug, depressant or stimulant. To prove that a substance is an illegal drug the Commonwealth would have to show that the defendant was under the influence of a drug listed in Chapter 94C Section 1 of the ... the case of Commonwealth v. Ferola, 72 Mass. App. Ct. 170 (2008), the Massachusetts Appeals Court held that the Commonwealth proved that the defendant was operating under the influence of Klonopin and amitriptyline and that the defendant ...
19 Nov, 2008 12:30 pm
... situations. We start with a story from Brockton, Massachusetts, where a 15-year old juvenile (hereinafter, "Juvenile Defendant") now faces
charges for an apparent "teddybearicide". Now a guest of the Commonwealth, at least until Thursday, ... bail is supposed to be whether the
defendant is likely to appear at court dates. The point of the dangerousness hearing is that the Commonwealth is alleging that the accused is a
threat to the community if he is not in custody. An evidentiary hearing gets set ...
7 Jul 3:09 pm
... dangerousness hearing in the Attleboro District Court. A dangerousness hearing is a hearing under Massachusetts General Laws Chapter 276
Section 58A that the Commonwealth can request for certain types of felony offenses where the Commonwealth has ... for the Commonwealth to make the request unless the offense is a fifth offense or greater.
Unlike at a DUI trial where the Commonwealth has to prove the elements beyond a reasonable doubt, at a dangerousness hearing the standard of
proof is clear and ...
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