MACDL and Allies Submit Amicus Brief on Fourth Amendment Issues in Commonwealth v. McCarthy
MACDL, the ACLU of Massachusetts, the Electronic Frontier Foundation, and the Committee for Public Counsel Services have submitted a brief on cutting-edge Fourth Amendment issues in Commonwealth v. McCarthy, SJC-12750. The brief attacks the rapidly expanding and largely unfettered use of Automated License Plate Readers (ALPRs) by law enforcement in the Commonwealth and across the country. In the absence of ANY legislation regulating the use of ALPRs […]
ACLU, MACDL urge court to dismiss case against “Straight Pride Parade” counter-protester
BOSTON, September 9, 2019 – The ACLU and the Massachusetts Association of Criminal Defense Lawyers (MACDL) are urging the Supreme Judicial Court to dismiss a charge against a demonstrator arrested at the “Straight Pride Parade.” The ACLU of Massachusetts and MACDL today submitted a “friend-of-the-court” brief in support of the Commonwealth’s attempt to end this case.
Thirty-six people were arrested by Boston police during the “Straight Pride Parade” and counter-protests on […]
MACDL Calls for Immediate Investigation of BMC Judge
FOR IMMEDIATE RELEASE
Media Contact: Victoria Kelleher
978-744-4126 | victoriouscause@gmail.com
MACDL Calls for Immediate Investigation of BMC Judge Richard Sinnott
Boston Municipal Court Judge Richard Sinnott’s decision to place a lawyer in handcuffs and detain her for several hours for “interrupting” him is a gross abuse of power that requires judicial disciplinary action.
Susan Church, a prominent lawyer who was awarded the Pro Bono Publico award by the Supreme Judicial Court in 2017, appeared pro […]
SJC Decides Commonwealth v. Fernandes, Following Submission of MACDL Amicus
In Fernandes the SJC partially extended its past decision in Commonwealth v. Walczak, and required the Commonwealth to provide legal instructions to grand juries in adult murder cases when the case involves substantial evidence of a complete defense to the murder charge. It further acknowledged that “it is generally advisable for prosecutors to instruct grand juries on the elements of lesser offenses and defenses whenever such instructions would help […]
Action Alert: Oppose ABA Resolution 114
MACDL urges its members to oppose ABA Resolution 114, which calls on state legislatures to use an affirmative consent standard for sexual assault cases. The proposed standard will unconstitutionally shift the burden of proof to defendants facing extremely serious charges. MACDL has called upon the Massachusetts representatives to the ABA House of Delegates to oppose the resolution; our letter regarding the resolution is below. A listing of all […]
SJC Decides Wallace W. v. Commonwealth Following Submission of MACDL Amicus
MACDL joined CPCS in submitting an amicus brief authored by attorney K. Hayne Barnwell in the case of Wallace W. v. Commonwealth. In the court’s August 9, 2019 decision, it held that prosecutors must prove to a judge beyond a reasonable doubt that a juvenile has committed a prior offense before they can prosecute him for a subsequent misdemeanor charge. David […]