Learn when Massachusetts courts may admit Adjutant first-aggressor evidence, what notice Rule 14.3 requires, and how the prosecution may respond.
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Learn when Massachusetts courts may admit Adjutant first-aggressor evidence, what notice Rule 14.3 requires, and how the prosecution may respond.
Continue reading ›Chapter 135 of the Acts of 2024 is in force now and was never suspended by the referendum petition. The October 2026 compliance deadlines fall before the November 3 vote.
Continue reading ›A Massachusetts harassment prevention order under chapter 258E can suspend a firearms license and require surrender of every firearm the defendant owns, with no family relationship and no criminal charge.
Continue reading ›On August 7, 2026, the Appeals Court decided Commonwealth v. Figueroa, No. 25-P-1027 (Mass. App. Ct. Aug. 7, 2026), a case about the use of a defendant’s statements from a police interrogation conducted in a language other than English. The defendant, whose first language is Spanish, was questioned in Spanish, and the Commonwealth never produced…
Continue reading ›On August 10, 2026, the Supreme Judicial Court decided Commonwealth v. Palmer, SJC-13873 (Mass. Aug. 10, 2026), a case that turns on two questions that decide most street-stop suppression motions: at what moment the police seize a person who runs from them, and whether the police had reasonable suspicion at that moment. The Court held…
Continue reading ›The Massachusetts SJC rejected a fixed deadline for police to seek a search warrant after seizing a cell phone and upheld delays of 109 and 123 days under the specific facts of two cases.
Continue reading ›The Supreme Judicial Court and the Appeals Court issued a steady run of criminal decisions in July 2026, and defense counsel will rely on several of them in motions to suppress, evidentiary objections, and abuse prevention hearings in the District Court and the Boston Municipal Court. This survey is the first in a monthly series…
Continue reading ›The Massachusetts Appeals Court has vacated a domestic violence conviction because of the prosecutor’s closing argument. In Commonwealth v. Pena, No. 24-P-0970 (Mass. App. Ct. July 24, 2026), the court set aside a Boston Municipal Court jury verdict for assault and battery on a family or household member, holding that a closing argument that vouched…
Continue reading ›The Massachusetts Appeals Court has reversed the denial of a motion to suppress in a District Court drug case, holding that a detective unlawfully prolonged a traffic stop after the justification for the stop had run out. In Commonwealth v. Steward, No. 25-P-0015 (Mass. App. Ct. July 23, 2026), the court ordered the suppression of…
Continue reading ›The Massachusetts Appeals Court has issued an early decision applying the coercive control definition that the Legislature added to the abuse prevention statute in 2024. In V.B. v. B.W.R.T., No. 25-P-1086 (Mass. App. Ct. July 24, 2026), the court vacated a 209A order that a District Court judge had issued on a coercive control theory,…
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