Defendants whose OUI convictions were based on breath test results from the Alcotest 9510 device could challenge those convictions based on a conclusive presumption of egregious government misconduct, the Supreme Judicial Court has ruled. “In this case we are asked to exercise our extraordinary superintendence powers under G.L.c. 211, §3, in light of government misconduct
The state’s highest court on Thursday tossed a man’s gun possession convictions from a 2019 case but left his conviction for possessing a large capacity magazine intact, citing a 2022 US Supreme Court decision that expanded gun rights across the country.
A defendant’s firearms convictions have been vacated by the Supreme Judicial Court because the jurors were not instructed that the commonwealth had to prove beyond a reasonable doubt that the defendant did not have a valid firearms license. The statute under which the defendant was convicted, G.L.c. 269, §10, exempts someone who has been issued