Selected Reported Decisions

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Commonwealth v Yasin, 483 Mass. 343 (2019)(affirming allowance of defendant’s motion for directed verdict of acquittal as to murder charge and dismissing the Commonwealth’s appeal)

United States v Serrano-Acevedo and Diaz-Jimenez, 892 F.3d 454 (1st Cir. 2018)(reversing the defendant’s convictions for armed bank robbery and possession of a firearm during and in relation to a crime of violence holding that the warrantless search of his home did not fit within the protective sweep or voluntary consent exceptions under Fourth Amendment doctrine and that the admission of the evidence seized during the unconstitutional search was not harmless error)

Commonwealth v. Jones, 477 Mass. 307 (2017)(reversing the defendant’s conviction for first degree murder holding that the trial judge erred in refusing to require the prosecutor to provide a race-neutral explanation for exercising a peremptory strike against an African-American prospective juror in violation of the defendant’s federal and state constitutional rights)

United States v. Pereira, 848 F.3d 17 (1st Cir. 2017)(reversing the defendant’s conviction for conspiracy to possess cocaine with intent to distribute and aiding and abetting others to possess cocaine with intent to distribute in light of the prosecutor’s repeated improper questioning of the defendant on cross-examination which required him to comment on the veracity of the cooperating witnesses’s testimony).

In re Grand Jury Investigation, 470 Mass. 399 (2015)(vacating order authorizing Commonwealth to obtain client’s cell phone from his lawyers, who allegedly had it in their possession for investigative purposes).

United States v. Starks, 769 F.3d 83 (1st Cir. 2014)(vacating conviction and 210-month sentence and remanding for evidentiary hearing after finding that the defendant had standing to challenge the search of a rental car that he was driving, even though he was an unlicensed, unauthorized driver).

Doe #205614 v. Sex Offender Registry Board, 466 Mass. 594 (2013)(vacating female offender’s sex offender registry classification, holding that it was an abuse of discretion for the Sex Offender Registry Board to refuse to consider recent and relevant scientific research regarding the relevance of female gender to the assessment of her risk of reoffense merely because such research was not contemplated by SORB’s outdated regulations).

Commonwealth v. Woodbine, 461 Mass. 720 (2012)(reversing the defendant’s conviction for first degree murder holding that the trial judge erroneously allowed a police officer to testify to the contents of the defendant’s unrecorded statements without first determining whether it reflected the officer’s present memory).

Commonwealth v. Toolan, 460 Mass. 452 (2011)(reversing first degree murder conviction in a murder trial that took place in a small, interconnected community and garnered extensive negative publicity, on grounds that judge’s questioning of potential jurors failed to ensure that those seated had not been exposed to or biased by the publicity or local attitudes).

Commonwealth v. Weston W., 455 Mass. 24 (2009)(striking down criminal enforcement provisions of juvenile curfew ordinance).

Commonwealth v. Porro, 74 Mass.App.Ct. 676 (2009)(reversing conviction of lesser-included offense of assault by means of dangerous weapon based on instructional error on charge of aggravated assault and battery by means of a dangerous weapon).

Commonwealth v. Boe, 73 Mass. App. Ct. 647 (2009)(holding that expungement, rather than sealing, was the appropriate remedy even though the charge against defendant was neither fictitious nor false, because the complaint was fundamentally defective in assuming that the female defendant, as owner of the vehicle involved in the alleged complaint, was also the operator of the car, even though the victim’s report stated that the operator was male).

Commonwealth v. Wilson, 72 Mass. App. Ct. 416 (2008)(finding a complaint charging that the defendant did assault and beat the Commonwealth of Massachusetts was void, requiring reversal of the conviction on that complaint, because a human victim is an essential element of the crime).

United States v. Wright, 485 F.3d 45 (1st Cir. 2007)(reversing denial of motion to suppress a gun as evidence in a federal firearm possession case).

Commonwealth v. Pring-Wilson, 448 Mass. 718 (2007)(affirming grant of new trial motion in high-profile manslaughter case).

Commonwealth v. Garcia, 66 Mass. App. Ct. 167 (2006)(affirming the grant of a new trial to a defendant convicted of three counts of indecent assault and battery on a child where defense counsel had failed to interview any witnesses prior to trial).

Commonwealth v. Kincaid, 444 Mass. 381 (2005)(affirming grant of new trial to aggravated rape defendant based on deliberating jury’s exposure to prejudicial, extraneous information)

Goldings v. Winn, 383 F.3d 17 (1st Cir. 2004)(striking down Attorney General Ashcroft’s unlawful policy of restricting the ability of federal prisoners to serve up to the last six months of their sentences at halfway houses).

Commonwealth v. Johnson, 60 Mass. App. Ct. 243 (2003)(reversing convictions for mayhem and assault and battery with a dangerous weapon due to improper admission of hearsay evidence).

Commonwealth v. Parkes, 53 Mass. App. Ct. 815 (2002)(reversing conviction for lewd and lascivious conduct due to improper admission of hearsay evidence).

Commonwealth v. Crawford, 429 Mass. 60 (1999)(reversing conviction for first degree murder due to improper exclusion of expert testimony regarding battered woman syndrome and post-traumatic stress disorder).

Commonwealth v. Williams, 428 Mass. 383 (1998)(reversing conviction for first degree murder due to erroneous jury instructions).

Commonwealth v. Magraw, 426 Mass. 589 (1998)(reversing conviction for first degree murder due to multiple evidentiary errors).

Commonwealth v. Roche, 44 Mass. App. Ct. 372 (1998)(reversing convictions for attempted murder and other charges due to trial judge’s refusal to permit client to challenge seating of juror).

United States v. Indelicato, 97 F.3d 627 (1st Cir. 1996)(reversing conviction for being a felon-in-possession of a firearm on grounds that client’s prior state conviction didn’t qualify as a felony).

United States v. Fontana, 50 F.3d 86 (1st Cir. 1995)(ordering resentencing of client due to sentencing judge’s possible misuse of information provided pursuant to plea agreement).

Commonwealth v. Hunter, 416 Mass. 831 (1994)(reversing conviction for first degree murder due to trial court’s refusal to hold hearing on voluntariness of client’s statements).

United States v. Loder, 23 F.3d 586 (1994)(reversing conviction for aiding-and-abetting mail fraud due to insufficiency of evidence).

Commonwealth v. Adams, 416 Mass. 55 (1993)(reversing conviction for first degree murder due to erroneous admission of co-defendant’s statement).

Commonwealth v. Francis, 411 Mass. 579 (1992)(affirming grant of new trial in first degree murder case due to erroneous jury instructions).

Commonwealth v. Wigfall, 32 Mass. App. Ct. 582 (1992)(affirming suppression of evidence in drug case due to improper warrantless search of apartment).

Commonwealth v. Skinner, 408 Mass. 88 (1990)(reversing conviction for first degree murder due to erroneous jury instructions).

Commonwealth v. Dias, 405 Mass. 131 (1989)(reversing conviction for first degree murder on the grounds that a severance was required).

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