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Articles by Michael A. DelSignore
Breath Test evidence in Massachusetts Inadmissible in Court following Judge Brennan Decision
Breath test evidence has not been used in Court in Massachusetts since August of 2017.The reasons for this was based on discovery violations that were uncovered during the 9510 Breath test litigation in Commonwealth v.
Massachusetts Appeals Court finds breath test admissible despite failure to comply with the regulations in Leary decision — Massachusetts Criminal Defense Lawyer Blog — September 29, 2017
The Massachusetts Appeals Court ruled today that the breath test operator does not have to watch the defendant to be in compliance with the 15 minutes observation period. This ruling is contrary to the regulations requiring that the breath test operator observe a defendant for 15 minutes. This decision arose out of a motor vehicle homicide case and is likely to be appealed.
SJC rules lay opinion not permitted in OUI marijuana trial and FSTs admissible with cautionary jury instruction — Massachusetts Criminal Defense Lawyer Blog — September 19, 2017
The Massachusetts Supreme Court ruled today in Commonwealth v. Thomas Gerhardt that field sobriety tests are admissible for an OUI marijuana, but cautioned that jurors cannot rely on these tests in and of themselves to find someone guilty or impaired by marijuana. The model jury instruction drafted in the opinion addresses the concerns that jurors will assume FST are accurate for marijuana as for alcohol.
‘The One-Eyed Judge’ takes reader (and reviewer) on unforgettable ride
‘The One-Eyed Judge’ takes reader (and reviewer) on unforgettable ride By: Michael A. DelSignore and Elizabeth Sweeney July 20, 2017 In summing up his damning opinion of a little-known 15th century epic poem, the critic C.S. Lewis declared that the only unforgiveable literary offense is to be dull. Well, I’m here to tell you that Lewis had it wrong. What’s really unforgiveable is to write a novel so engrossing that the reader overshoots his stop ...
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