Blog Posts in May, 2011

  • Keep Your Mouth Shut Because Cops Are Only Trying to Hook You

    There’s an adage that says "two good times to keep your mouth shut are when swimming and late for dinner". To these, a third should be added: "when being questioned by the police without your lawyer present." I cannot tell you how many times I have had to deal with clients who thought they could talk their way out of trouble, who instead wound up talking their way into further trouble — and made a ...
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  • New SJC Decision Sheds More Light on Trying and Defending Insanity Cases in MA

    Today’s ruling by the MA Supreme Judicial Court in Com. v. Rutkowski, No. SJC-10417 (2011), represents yet another small step towards establishing more bright line guidance for Massachusetts juries in how to use and apply an affirmatively raised defense of insanity. In unanimously reducing the defendant’s conviction in Rutkowski from murder 1 (life without any possibility of parole) to murder 2 ...
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  • SJC’s Marijuana Ruling: A Lot of Smoke but Little Fire

    With its ruling in Commonwealth v. Cruz last month, No. SJC-10738 (April 19, 2011), the Massachusetts Supreme Judicial Court (SJC) reversed a decades long trend in state and federal courts of on-going erosion of 4 th amendment safeguards against unreasonable searches and seizures. In Cruz , the SJC ruled that an odor of burnt marijuana inside a car does not, standing alone, give rise to a ...
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  • Insider Trading Prosecutions Yield More Questions Than Answers

    United States v. Raj Rajaratnam , No . 09-cr-01184-RJH, may have brought a degree of closure to the Department of Justice’s (DOJ) lengthy, and costly, investigation and prosecution into alleged insider trading by the founder of the Galleon Group (although the question of his sentence—the defendants faces an advisory sentencing range 15 ½-19 ½ years in prison under the US Sentencing ...
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