3/16/25: Judge Stearns has updated the chapter on "Narcotics Offenses" to note new cases and statutory developments. Of particular interest is the Supreme Court's recent decision in Diaz v. United States, which considerably loosens any restraints on the ability of an expert witness to opine on the ultimate issue of a defendant's guilt or innocence.
3/4/25: Judge Stearns has revised the chapter on "Public Order Offenses" to note new case law further clarifying the procedures to follow in dealing with prosecutions of "second chance" juvenile misdemeanors, so-called "true" threats, instances of virtual lewd behavior, sex trafficking, and claims of selective prosecution.
1/24/25: Judge Stearns has revised the chapter on "Searches Incident to Arrest" to bring into sharper focus the differences between federal and Massachusetts law on this important exception to the warrant requirement. The chapters on "Plain View" and "Consent Searches" have also been updated.
1/2/25: Judge Stearns has revised the chapter on "Assaults on Police" and "Police Misconduct" to note new cases on subjects including resisting arrest, state creation of danger, false arrest, malicious prosecution, the public duty rule, failure to train, and qualified immunity, among others.
12/3/24: Judge Stearns has updated the chapters on "Larceny" and "Receiving Stolen Property" to note new cases discussing jury unanimity, shoplifting, property subject to theft, and other topics, including a challenging new case on the Money Laundering Statute from the Appeals Court, Commonwealth v. Lee, 104 Mass. App. Ct. 725 (2024) (Hershfang, J.).
11/24/24: This is the 44th Edition of the Massachusetts Prosecutor's Guide. Judge Stearns has updated and revised three current chapters to reflect new developments in the law. The "Assault" chapter focuses on new cases defining the contours of the witness intimidation statute. The "Domestic Abuse" chapter notes new cases as well as changes in the Chapter 209A and Chapter 258E firearms surrender provisions as inserted by the 2024 Act Modernizing Firearms Laws. Finally, the chapter on "Forgery" updates the two latest cases fleshing out the knowledge element of the crime of uttering, including the debatable outcome in Commonwealth v. Oliver, 494 Mass. 697 (2024).
10/28/24: Judge Stearns has extensively revised the chapter on "Firearms Offenses" to incorporate the many changes introduced by the 2024 Firearms Modernization Act. Judge Stearns adds the caution that the legislative revisions are at times inconsistent or difficult to decipher and that the Act itself may be susceptible, at least in part, to constitutional challenges or a referendum repeal, both of which possibilities bear monitoring.
9/24/24: Judge Stearns has revised the introductory chapter to "Search and Seizure" to note, among other topics, new cases dealing with cellular technology and wiretapping.
9/10/24: Judge Stearns has revised the chapters on "District Court Procedure", "Multiple Defendants", and "Juvenile Proceedings" to include important new cases on the duties of District Attorney's Offices and prosecutors to produce exculpatory evidence of police misconduct, the sealing of criminal records of youthful offenders, other bad acts and third-party culprit evidence, and the groundbreaking case of Commonwealth v. Lacrosse, 494 Mass. 475 (2024), which mandates a new, special jury instruction addressing the reliability of the testimony of incarcerated informant witnesses.
8/15/24: Judge Stearns has updated the chapters on "Identification Evidence", "Public Order Offenses", and "Forgery" to note new cases on single-photo identifications, frequent location history (FLH), print examiner testimony, selective prosecution, sex trafficking, and uttering, among other topics.
7/15/24: Judge Stearns has revised and updated the chapters on "Indecent Assault and Battery", "Malicious Mischief", and "Breaking and Entering" to take note of new cases touching on the First Complaint Doctrine, a victim's capacity to consent, privileged materials, jury empanelment, Fidler motions, venue, and curtilage, among other topics.
6/18/24: Judge Stearns has revised the chapter on "Firearms Offenses" to address the continuing fallout from the Bruen and Guardado Second Amendment decisions. The chapter on "Domestic Abuse" has been revised to take note of Latoya L. v. Kai K., 104 Mass. App. Ct. 173 (2024), an opinion discussing the standards governing the issuance of Chapter 209A restraining orders authored by then Appeals Court Justice Wolohojian.
5/30/24: Judge Stearns has revised the chapter on "Searches with Warrants" to include new cases discussing cell phone searches, premises searches, redaction, appeals, Rule 13(a)(2) compliance, and return of property, among other topics.
5/6/24: Judge Stearns has updated the chapter on "Multiple Defendants" and "Juvenile Proceedings" to include a commentary on Commonwealth v. Mattis, 493 Mass. 216 (2024), a groundbreaking case defining a new class of "Emerging Adults," ages 18 to 21, for sentencing purposes.
4/1/24: Judge Stearns has revised the chapter on "Battery" to include new cases involving reckless conduct on the part of parents and nursing home supervisors. He also makes special note of an important new case, Commonwealth v. Souza, 492 Mass. 615 (2023) (Lowy, J.), with its helpful explanation of the uses of "first aggressor" Adjutant evidence. Judge Stearns has also revised the chapter on "Assault and Battery with a Dangerous Weapon".
3/18/24: Judge Stearns has revised the chapter on "Identification Evidence" to note new cases concerning fingerprint identification, third-party culprit liability, frequent location history (FLH) under the Daubert-Lanigan test, and postconviction DNA retesting under Chapter 278A, among other topics.
2/26/24: Judge Stearns has revised the chapter on "Motor Vehicle Offenses" specifically noting the Appeals Court's decision in Commonwealth v. Derosier, 103 Mass. App. Ct. 518, discussing when, if ever, it is proper to give, over a defendant's objection, the Downs "do not speculate" instruction regarding the absence of alcohol-test evidence.
2/6/24: Judge Stearns has revised the chapter on "Admissions and Confessions" to include a number of new cases, including a valedictory opinion by Justice Lowy, Commonwealth v. Hart, 493 Mass. 130 (2023), which Judge Stearns predicts will become much cited for its comments on interrogation tactics.