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OUI and a police officer’s conflict of interest

Police in Massachusetts only have limited immunity from day to day decisions they make in the course of their work. In 1986, in Irwin v. Ware, the High Court ruled that if a police officer let someone go, after the officer smelled alcohol on the driver's breath, and then if [...]

By Doug Stoddart|September 16th, 2021|

OUI and videotape

Police tried videotaping defendants doing OUI field sobriety tests in the late 1970's and early 1980's, but when juries started coming back with substantially more verdicts of "Not Guilty", police departments and district attorneys jettisoned this new technology and reverted back to simple police testimony, where the officer could control [...]

By Doug Stoddart|September 16th, 2021|Tags: OUI cases|

tips regarding the courts’ preferences for police using more video in criminal cases

The Massachussets' higher courts have expressed a preference that when technology is is available to record/preserve evidence, police should make an effort to do so. Comm. v. Tavares (2011) (confessions), Comm. v. Silva-Santiago. (2009) (photo arrays). Videotape enhances accuracy of what conduct transpired. Comm. v. Robinson (2011). So, when police [...]

By Doug Stoddart|September 16th, 2021|

Landlord / Tenant Evictions: Notices to Quit

Landlords should make sure that they are aware that there are two different types of notices to quit in Massachusetts: Notice to quit for non-payment of rent Notice to quit for a violation of the lease other than non-payment of rent or for notice that the lease will not be [...]

By Doug Stoddart|May 6th, 2021|

Mediation Tips for Litigants with Cases In Supreme Court

Supreme Court judges like to see parties make an effort to settle their cases. Most mediators are voluntary and non-binding but parties may commit to binding arbitration, with or without ceiling/floor targets. Mediators usually charge around $700.00 per party for four hours of mediation. If you decide to participate, prepare [...]

By Doug Stoddart|February 1st, 2021|

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