On May 14, 2015, Attorney Wood spoke at the Committee for Public Counsel Services annual conference regarding the right to a speedy trial. He gave attorneys practical suggestions regarding using the Supreme Judicial Court's recent decision in his case Commonwealth v. Taylor. The case established new rules that require prosecutors to provide better justification for delays that result from their failure to produce discovery.
The Right to Address the Court
Petition to the Supreme Court
Attorney Nathanson recently filed a petition with the United States Supreme Court challenging the Massachusetts SJC's ruling that his client had to show harm to his case from the denial of his right to a public trial. His client, a young Marine just back from basic training, wanted his family in the courtroom while a jury was selected. But the trial judge ordered everyone out. The Sixth Amendment guarantees a public trial.
Protecting Juveniles in Interrogation
Attorney Wood recently convinced the Supreme Judicial Court to expand the rights of juveniles being interrogated by police. Drawing on current brain science and decisions from other jurisdictions, he successfully argued that juveniles who are 17 years old should have the opportunity to consult with an "interested adult" such as a parent during interrogation.
Leadership
MACDL Presentations
Attorneys Wood and Nathanson both presented at the Advanced Post-Conviction Litigation seminar of the Massachusetts Association of Criminal Defense Lawyers. As co-chair of MACDL's Amicus Committee, Attorney Wood presented on the importance of having amicus support and how to solicit it. Attorney Nathanson presented on Petitions for Further Appellate Review to the SJC.
DNA Testing in 42 Year Old Murder
Off To A Great Start!
Attorney Jellison recently won her first case where she was the lead attorney. On appeal to the Appellate Division of the District Court, she secured a finding of not responsible for her client who was charged with speeding. She successfully argued that the defendant should have been allowed to challenge the officer's visual estimate of speed using mathematics and that there was improper foundation for LIDAR evidence.
Super Lawyers Recognition
MACDL Amicus Committee Co-Chair
Improving Right to Speedy Trial
In Commonwealth v. Taylor, Attorney Wood convinced the SJC that a defendant should not have to choose between his right to a speedy trial and his right to mandatory discovery. In the future, when a defendant files a motion to compel the production of mandatory discovery, the SJC held that this act ordinarily will not stop the speedy trial clock
Eva Jellison Joins Wood & Nathanson
We are excited to announce that Eva Jellison has joined W & N. Attorney Jellison is a graduate of Stanford and Northeastern University School of Law where she interned with a highly-regarded criminal defense firm, SJC (soon-to-be Chief) Justice Gants and the Civil Rights Division of the DOJ. Upon graduation, she served as a clerk to Chief Justice Dana Fabe of the Alaska Supreme Court.
Tale of Exoneration
Colleague and blogger Sejal Patel recently published an article in The Champion, the magazine of the National Association of Criminal Defense Lawyers. The article tells the tale of the exoneration of Guy Randolph, with a mention of Attorney Nathanson's small role in the exoneration. Read the article here. While Sejal has left her criminal defense practice, we applaud her continuing commitment to justice - a passion we share deeply.
Commonwealth v. Lykus
Plymouth Superior Court (2015)
Attorney Wood convinced a judge to order the testing of a a 42 year old stamp for DNA under GL Ch. 278A in a 42 year old murder case. This is one of the first times a judge agreed to order testing of old evidence under this new law.
United States v. Gonzales
United States Court of Appeals for the First Circuit (2013)
"Since the jury did not find a specific cocaine quantity above 500 grams, defendant's sentence must be vacated and the case remanded for further proceedings consistent with the Supreme Court's intervening decision in Alleyne v. United States, 133 S. Ct. 2151 (2013)."
Commonwealth v. Scott
Jordan v. United States
662 F.3d 18 (2011) (distribution of cocaine)
Exclusion of the defendant’s friends and family likely violated his right to a public trial. The defendant was entitled to a new hearing where he could prove this because he was denied an attorney at the prior hearing.
Commonwealth v. Alebord
80 Mass.App.Ct. 43 (2011) (second degree murder)
Exclusion of the defendant’s friends and family during jury selection violated the defendant’s right to a public trial.
Commonwealth v. Cohen
456 Mass. 94 (2010) (extortion)
Our amicus (friend of the court) brief helped persuade the Supreme Judicial Court that the exclusion of spectators during jury selection violated the right to a public trial. This is a landmark case on the right to a public trial in Massachusetts.
Commonwealth v. Bonner
75 Mass.App.Ct. 1112 (2009) (distribution of cocaine)
Admission of a “drug certificate” violated the defendant’s right to confront the witnesses against him.