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A Practitioner’s Guide to Trial Motion Practice in Massachusetts Criminal Cases

Three decisions recur in nearly every Massachusetts criminal trial: which evidence to challenge before the jury hears it, when to object once the testimony begins, and how to attack the sufficiency of the Commonwealth’s proof. Each decision has a settled legal framework, and each carries preservation consequences that fix the standard of review on appeal.…

A Practitioner’s Guide to Opening Statements and Closing Arguments in Massachusetts Criminal Trials

In a Massachusetts criminal trial, counsel address the jury twice without a witness on the stand: in the opening statement before any evidence is offered, and in the closing argument after both sides rest. Different rules govern the two moments. An opening is a preview, confined to what counsel reasonably expects the evidence to show.…

A Practitioner’s Guide to Jury Selection in Massachusetts Criminal Trials

Jury selection in a Massachusetts criminal trial is governed by G. L. c. 234A, by Rule 20 of the Massachusetts Rules of Criminal Procedure, and by Supreme Judicial Court decisions that have changed substantially over the past decade. Counsel who last selected a Superior Court jury before 2015 will find the questioning transformed: attorneys now…