What's New

2019

11/29/19: The chapters on identification law and procedure have been revised to note the impact of Commonwealth v. German, 483 Mass. 553 (2019), on showup identifications, as well as developments involving expert testimony, social media, and the DNA Innocence Act, among other topics.

11/1/19: The chapter on "Drug Crimes" has been revised to reflect, among other recent developments, the impact of Commonwealth v. Carrillo, 483 Mass. 269 (2019), on the prosecution of drug distribution overdose deaths and Commonwealth v. Matta, 483 Mass. 357 (2019), which fleshes out the drug free park zone provision of Chapter 94C, section 32J. The chapter on "Battery" has also been revised in light of the Carrillo decision.

10/8/19: The chapters on Malicious Mischief, Forgery, Breaking and Entering, Criminal Trespass, Larceny, and Receiving Stolen Property have now been fully revised and updated by Judge Stearns.

10/3/19: The chapters on Court Procedure have been revised to capture recent developments in the law affecting bail, pretrial diversion, and juvenile prosecutions, among other topics.

9/27/19: The chapters on "Battery" and "Indecent Assault and Battery" have been fully revised and updated.

9/3/19: All eight chapters on the law of Searches and Seizures have been revised to incorporate new cases on matters ranging from standing to the odor of marijuana and the plain smell doctrine and much more.

9/3/19: The chapter on "Admissions and Confessions" has been revised to include recent developments, including cases discussing non-testimonial evidence, custodial interrogation, and the attenuation doctrine. The chapter on "Simple and Aggravated Assault" has been revised to take note, among other topics, of the recognition in Adams, of the viability of the ancient common-law crime of interfering with or hindering a police officer in the performance of his or her duties, as well as Justice Kafker's important Buttimer opinion, which brings much-needed clarity to the concept of apparent ability as it applies in the broader assault context of a defendant's knowledge and intent, the victim's fear or apprehension, and the brandishing by the defendant of a dangerous weapon. The chapter on "Domestic Abuse" has been revised to incorporate important new cases fleshing out the elements of criminal harassment and the burdens of proof that apply when a court considers the extension, modification, or termination of a Chapter 209A order.

8/21/19: The chapter on Public Order Offenses has been revised to update subscribers on refinements in the law governing section 35 alcohol and substance abuse commitment orders, the recognition of a (new) common-law crime of interfering with a police officer in his or her performance of a lawful duty, a new model jury instruction on deriving support from prostitution, and most important, Justice Kafker's effort to make sense out of the new legislation intended to give juveniles a "second chance" when faced with a first misdemeanor delinquency adjudication.

8/18/19: The chapter on "Motor Vehicle Law" has been revised to update subscribers on, among other developments in the law, the Alcotest 9510 breathalyzer, motor vehicle citations, and the offenses of operating to endanger and operating under the influence of marijuana or other narcotic drugs.

8/15/19: The chapter on "Searches with Warrants" has been revised to reflect new developments in the law regarding searches of smart phones and computers, uses of informant information, staleness, and appeals of adverse suppression decisions, among other topics.

8/13/19: The chapters on Procedure have been updated to reflect developments in the law on topics as diverse as gang affiliation evidence used to prove motive, public records access, the right of confrontation, and juvenile sentencing.

8/11/19: The chapter on "Identification Evidence" has been substantially revised by Judge Stearns to incorporate recent developments in the the law regarding social media authentication, post-conviction DNA testing, photo identifications, opinion testimony, and the forfeiture doctrine, among other topics.

8/7/19: The "Firearms Offenses" chapter has been updated to incorporate important new cases discussing firearms licensing and the Armed Career Criminal Act, among other topics.

5/29/19: The chapters on District Court Procedure have been revised to incorporate new developments in the bail laws, the law of accomplice liability, and juvenile offender sentencing.

5/12/19: The chapters on Assault, Larceny, and Receiving Stolen Property have been revised and updated.

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