Yesterday, in Comm. v. Boe, the Massachusetts Supreme Judicial Court ruled that a judge does not have the authority “to order the Commissioner of Probation (commissioner) to expunge a defendant’s record where the criminal complaint was dismissed because its issuance was premised on a mistake.” “Massachusetts appellate decisions have …Continue Reading Expungement of Criminal Records
In March of 2009, the Land Court held that a foreclosure was invalid because the notice in the newspaper did not list the holder of the mortgage at the time of the notice. The case is U.S. Bank National Association v. Ibanez and the court …Continue Reading SJC to evaluate foreclosures and Ibanez
In Melendez-Diaz v. Massachusetts (129 S. Ct. 2527) the Supreme Court found the introduction of state forensic-lab reports is testimonial evidence requiring the appearance at trial of lab technicians.Some subsequent decisions: Commonwealth v. Martinez-Guzman, 76 Mass. App. Ct. 167 Defendant argued that his RMV record …Continue Reading Recent Decisions Impacted by Melendez-Diaz
Three Massachusetts court rules were recently amended, effective May 1, 2010. Mass. Rule of Appellate Procedure 20 “has been amended to require attorneys to include their e-mail addresses, if any, on the front cover of briefs and appendices.” Similarly, Mass. Rule of Civil Procedure 11 “has been …Continue Reading Amended Massachusetts Court Rules
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