Today, the SJC heard argument in Commonwealth v. Tykorie Evelyn, an important case regarding police stops in so-called “high crime” areas where residents may seek to avoid contact with the police out of nervousness or fear, not consciousness of guilt. As co-chair of the MACDL Amicus Committee, Attorney Wood was proud to help pull together and assist a great team from Foley Hoag consisting of Anthony Mirenda, Neil Austin, Rachel Hutchinson, and Ned Melanson. Their brief powerfully argues, among other things, that nervousness or lack of engagement by a black teenager during a police encounter is not indicative of criminality. You can read the brief here.
Attorney Jellison Made Partner
Wood & Nathanson is proud to announce that Eva Jellison has been made a partner in the firm. Attorney Jellison’s work on the cutting edge of juvenile and appellate defense includes advocacy for the adoption of a “reasonable juvenile” standard for evaluation of juveniles’ mental states, retroactive application of juvenile justice reforms, and access to post-conviction DNA testing.
New Blog Post on Michelle Carter Decision
Wood & Nathanson’s Eva Jellison filed an amicus brief on behalf of CPCS and MACDL in the Michelle Carter “manslaughter by texting” case. In it, she argued for the application of a reasonable juvenile standard whenever the criminal law imposes a “reasonable person” standard on juveniles. The SJC avoided deciding the question. Read our analysis here in our new blog post.
SJC Avoids Adopting "Reasonable Juvenile" Standard
n Commonwealth v. Michelle Carter, the Supreme Judicial Court declined to decide whether all legal standards involving a "reasonable person" should be applied against children by assessing what a reasonable juvenile of the same age would have done in the same circumstances. Trial attorneys should continue to request a reasonable juvenile instruction in any appropriate case and in bench trials should argue for the judge to apply a reasonable juvenile standard in closing. Given what we know about those age 18-25, trial attorneys should also consider asking for a reasonable person of the same age instruction and putting in an expert to explain brain science in the emerging adult population.
Courts Should Use Reasonable Juvenile Standard
Attorney Jellison recently filed an amicus brief in the case of Michelle Carter, a juvenile convicted of manslaughter for texts sent to her boyfriend. The brief argues that juvenile conduct should be judged by a “reasonable juvenile” standard, not a “reasonable adult” standard. Read the brief here.