In an opinion issued last week, the Massachusetts Appeals Court overturned a defendant's felony motor vehicle homicide conviction because a testifying state trooper offered an inappropriate expert opinion about the cause of the accident.  The case is Commonwealth v. Douglas Guinan. In 2010, the defendant was driving his 2011 Hyundai Sonata on South Street...

The Massachusetts Appeals Court recently considered whether a defendant’s confession to the police should be suppressed because of his level of drunkenness.  In Commonwealth v. Bigley, the police responded to a motor vehicle accident.  When they arrived, the police saw a motorcycle lying in the middle of the road and on fire. (more…)

The Massachusetts witness intimidation statute (chapter 268, section 13B) prohibits any person from misleading a police officer with the intent to impede a criminal investigation. (more…)

Two Massachusetts drunk driving accidents earlier this year show the potentially severe penalties awaiting those convicted of driving under the influence in the state. These penalties increase dramatically when a driver, passenger or pedestrian is injured or killed in an accident involving intoxication. A recent example involved Jay Franklin, of Upton, Massachusetts, who was...