» Burden of Proof

Post-Conviction Relief & Gatekeeper

WILLIAM M. TYREE VS. COMMONWEALTH (FEB. 2019) [Post-Conviction Relief, “Gatekeeper”] The petitioner, William M. Tyree, was convicted of murder in the first degree in 1980. The Massachusetts Supreme Judicial Court affirmed the conviction on appeal… Read More
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License to Carry a Firearm

JAKE NICHOLS VS. CHIEF OF POLICE OF NATICK & OTHERS (JAN. 2019) [License to Carry a Firearm]  Overview Jake Nichols applied to the Natick Police Department for a Class A (large capacity) license to carry in October 2015. Nichols had a fifteen-y… Read More
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Sufficiency of Impairment Evidence & Opinion Testimony

COMMONWEALTH VS. EVENS FLEURANCIN (JAN. 2019)  [Sufficiency of Impairment Evidence & Opinion Testimony]   Overview After a jury-waived trial, a judge convicted Evens Fleurancin of operating a motor vehicle while under the influence of marij… Read More
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Expungement Limitations and Restrictions

CRIMINAL JUSTICE REFORM ACT OF 2018: REHABILITATION: Expungement Limitations and Restrictions On April 13, 2018 Massachusetts Governor Charlie Baker signed into law S.2371 & H.4012 or An Act Relative to Criminal Justice Reform. The new law makes… Read More
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BAIL JUMPING

BAIL JUMPING  This post will answer the following legal questions on the offense of bail jumping: What does it mean to be charged with the crime of bail jumping? How does the Commonwealth prove a defendant guilty of jumping bail? What is the legal… Read More
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EVIDENCE WITH REDACTED MATERIAL

EVIDENCE WITH REDACTED MATERIAL This post will answer the following legal questions about evidence with redacted material: In a court of law, what is redacted material? Why do courts redact certain documents? In a court of law, what is redacted mat… Read More
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TRANSFERRED INTENT

TRANSFERRED INTENT  This post will answer the following questions on the legal concept of transferred intent: What is transferred intent? What are examples of transferred intent? What does the Commonwealth have to prove beyond a reasonable doubt in… Read More
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LICENSE OR AUTHORITY

LICENSE OR AUTHORITY  This post will answer the following questions on the legal concept of license or authority: When does the question of license or authority become applicable in a court of law? Who has the burden of proving that the defendant d… Read More
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BURNING INSURED PROPERTY

BURNING INSURED PROPERTY This post will answer the following questions on the crime of burning insured property in order to defraud its insurer: What does Commonwealth law say on the crime of burning insured property? What does the Commonwealth have… Read More
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REPRIMAND OF COUNCIL

REPRIMAND OF COUNCIL  This post will answer the following legal questions about when a counselor is reprimanded:  What does it mean when a judge “reprimands” a counselor of law? What are the responsibilities of both a judge and an attorney r… Read More
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