News

Amicus Brief: Particularity Required in Cell Phone Search Warrants

Attorney Wood and a team from Goodwin Procter drafted an amicus brief in Commonwealth v. Keown on behalf of the Massachusetts Association of Criminal Defense Lawyers advancing the cutting edge argument that, when seeking a warrant to search a cell phone, law enforcement must comply with the Fourth Amendment's requirement to "particularly describ[e] the place to be searched, and the persons or things to be seized." Police should not have carte blanche to sift through people's digital lives. They must limit their searches to inquiries reasonably designed to discover specific evidence of a particular crime. Joining the brief were the ACLU, Electronic Frontier Foundation, the Center for Democracy and Technology, and the Committee for Public Counsel Services. Read the brief on our website here or on the Supreme Judicial Court's website here.

 

Guilty Plea Vacated Due to Immigration Consequences

On January 5, 2017, Attorney Nathanson convinced a judge to vacate our client's guilty pleas to drug trafficking because his trial attorney failed to advise him that a plea to drug distribution would make him automatically deportable under Padilla v. Kentucky, 559 U.S. 356 (2010). Attention to immigration consequences is essential in defending a criminal case. 

Freedom in Federal Court

On December 19, 2016, Attorney Nathanson and Attorney Shih secured the release of our client who had been serving a 15 year federal sentence for possession of a machine gun. Using the decision in Johnson v. United States, 135 S. Ct. 2551 (2015), the client’s sentence was reduced to time served with probation. They were able to convince the judge that, given the client's exemplary progress in prison and family support, he should be allowed to go directly home instead of a halfway house. Attorneys Nathanson and Shih helped the client create and practice what the judge called "one of the best allocutions I've ever heard."

Investigation of Tainted Juries

On June 16, 2016, in Commonwealth v. Moore, the SJC unanimously affirmed the decision of the trial court that Attorney Wood should be permitted to contact jurors in a widely publicized murder case to investigate the possibility that their verdict was affected by extraneous influences. Attorney Wood had been the first attorney in Massachusetts to take advantage of a change in the rules of professional conduct permitting attorneys to contact jurors in an effort to uncover injustice. This decision is expected to have a wide impact on post-conviction investigation of criminal cases.

 

 

 

 

Anonymous Tips Not Reliable

On January 5, 2016, the Supreme Judicial Court agreed with the arguments made by Attorney Wood and a team from Goodwin Proctor on behalf of the Massachusetts Association of Criminal Defense Lawyers. It held in Commonwealth v. DePiero that anonymous tips are not inherently reliable and may not form the basis for a lawful stop, search or arrest, rejecting the U.S. Supreme Court's contrary ruling in Navarette v. California.

Entitled to Defend Her Child

On December 7, 2015, Attorney Jellison convinced a trial judge to grant her client a new trial. The client had been convicted of hitting a family member who was trying to remove the client's child from the home. Regardless of whether the fault lay with the judge or the trial attorney, the jurors were never told that they could acquit the client because she was entitled to defend both her child and her home.

Insanity Instructions Changed

Based on arguments developed by Attorney Nathanson, the Supreme Judicial Court changed the required jury instructions for insanity cases. Jurors now must be told that a defendant found not guilty by reason of insanity could be committed to a mental hospital for the rest of their lives, addressing juror fears that dangerous people will be released. Read the new decision here based on Attorney Nathanson's prior arguments.

Medical Marijuana Brief

On October 19, Attorney Jellison assisted by Attorney Nathanson filed an amicus brief in Commonwealth v. Vargas, No. SJC-11895, arguing that people in Massachusetts have a constitutional right to obtain treatment with medical marijuana where the voters approved such treatment. People on probation should not be put in jail for exercising this right. Read the brief here.