Articles Posted in Massachusetts Criminal Decisions

Police misconduct sometimes comes to light years after a defendant has pleaded guilty. When that happens, the defendant may ask the court to withdraw the plea. Success depends on connecting the misconduct to that specific case, not merely showing that it occurred somewhere in the investigation. On August 31, 2026, the Supreme Judicial Court applied…

The Supreme Judicial Court and the Appeals Court issued ten criminal decisions between July 29 and August 26, 2026. Several change how a pending case is litigated in the District Court, the Boston Municipal Court, and the Superior Court, and two of them order new trials. This survey states what each court held and explains…

Learn when Massachusetts courts may admit Adjutant first-aggressor evidence, what notice Rule 14.3 requires, and how the prosecution may respond.

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.

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.

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.

The Supreme Judicial Court and the Appeals Court issued a steady run of criminal decisions in July 2026. 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 covering…

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…

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…

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,…