Massachusetts State and Federal Appeals Lawyers
Challenging the validity of final judgment through appeal
Our appellate practice ranges over the legal spectrum. More than 60 of our cases have been reported. Additionally, in the area of criminal defense, we have frequently filed amicus briefs, on behalf of the National Association and Massachusetts Association of Criminal Defense Lawyers, on issues generally affecting the administration of criminal justice. Among the appellate cases that have raised important legal issues are:
In the United States Supreme Court
Rendell-Baker v. Kohn, 457 U.S.830 (1982) — discussion of state action requirement in civil rights suit against private school deriving most of its income from public sources and regulated by public authorities
In Re: Walter Roche, 448 U.S.1312 (1980) — opinion of J. Brennan, Circuit Justice, ordering stay of execution of jail sentence imposed on television investigative reporter cited for contempt by Massachusetts Supreme Judicial Court
Smith v. Goguen, 415 U.S.566 (1974) — successful challenge to Massachusetts flag desecration statute on grounds of vagueness (on brief)
Johnson v. Robison, 415 U.S.361 (1974) — conscientious objector’s equal protection claim that his completion of alternative service entitled him to veteran’s educational benefits (on brief)
Criminal law — federal
Commonwealth v. Juan Pagan, 73 Mass. App. Ct. 369 (2008) — degree of murder reduced after trial
United States v. Dewire, 271 F. 3d 333 (1st Cir., 2001) — raising question of right to appeal a denial of a motion for downward departure under the sentencing guidelines, where the denial was based on a clearly erroneous mistake of fact
Rossetti v. Curran, 80 F. 3d 1 (1st Cir., 1996) — writ of habeas corpus granted; discussion of whether use of evidence of acquitted conduct violates double jeopardy
United States v. Olbres, 61 F. 3d 967 (1st Cir., 1995) — government appeal of trial judge’s order of acquittal on charges of income tax evasion
United States v. Gregorio, 956 F. 2d 341 (1st Cir., 1992) — sentencing appeal raising issue of multiple causation for financial loss, under federal sentencing guidelines
United States v. Yefsky, No. 90-1222 (1st Cir., 1991) — government confessed error upon the filing of appellant’s brief, resulting in reversal of mail fraud and tax offenses
United States v. The Larouche Campaign, 866 F. 2d 512 (1989) — double jeopardy challenge to retrial where trial judge declared mistrial following discharge of jurors due to hardship
Lovett v. Butterworth, 610 F. 2d 1002 (1979) — petition for habeas corpus granted on grounds of prosecutorial misconduct
United States v. Hunt, 503 F. 3d 34 (1st Cir., 2007) — sentencing appeal raising issue of safety valve eligibility, where defendant was sentenced to mandatory minimum sentence
United States v. Dennis MacIntosh, U.S. District Court, MA (2002) — jury trial in “gray mail” criminal case; not guilty after two-week federal trial
United States v. Robert Webster, U.S. District Court, MA (2006) — interstate transport/sale of guns; not guilty after jury trial
United States v. Anthony Unaka, U.S. District Court, MA (2003) — credit card fraud; hung jury
United States v. Joel Tennenbaum, U.S. District Court, MA (2009) — file sharing as copyright infringement; money judgment reduced 90% after trial; appeal under advisement
Criminal law — state
Commonwealth v. Malone, 65 Mass. App. 285 (2005) — murder indictment dismissed following successful challenge to denial of speedy trial rights
Commonwealth v. Conkey, 430 Mass. 139 (1999) — first-degree murder conviction reversed due to violation of state constitutional right against self-incrimination
Commonwealth v. Sim, 39 Mass. App. Ct. 212 (1995) — appeal of second-degree murder conviction, raising double jeopardy challenge to sufficiency of evidence at first trial, which resulted in a mistrial
Johnson v. Commonwealth, 409 Mass. 712 (1991) — conviction of assault with intent to kill reversed, on grounds that juvenile court lost jurisdiction when the defendant turned 18
Angiulo v. Commonweath, 401 Mass. 71 (1987) — raising question of common law of double jeopardy in case of successive federal and state prosecutions
Commonwealth v. Burrell, 389 Mass. 804 (1983) — first-degree murder conviction reversed and judgment of acquittal entered, on grounds that Commonwealth failed to prove joint venture
Commonwealth v. Dietrich, 381 Mass. 458 (1980) — discussing effect of mid-trial cooperation agreement between Commonwealth and co-defendant
Commonwealth v. Meech, 380 Mass. 490 (1980) — discussing defendant’s attempt to admit recorded testimony of unavailable grand jury witness to support insanity defense
Commonwealth v. Demetrius Bowers, Suffolk Superior Court (_____) — murder charges dropped before trial
Commonwealth v. Winston McGee, Suffolk Superior Court (_____) — murder charges dismissed
Commonwealth v. Imbriglio, Bristol Superior Court (2011) — murder reduced to manslaughter before trial)
Commonwealth v. Phillips, Suffolk Superior Court (1999) — not guilty of murder after two-week trial
Commonwealth v. Lacet, Suffolk Superior Court (2001) — not guilty of murder after 10-day trial
Commonwealth v. Malone, 65 Mass. App. 285 (2005) — murder indictment dismissed following successful challenge based on denial of speedy trial rights
“Big Dig” criminal investigation (2007-2009) — representation of multiple grand jury witnesses
Criminal law – amicus participation
Commonwealth v. Reynolds, 429 Mass 388 (1999) — amicus brief filed on behalf of National Association of Criminal Defense Lawyers, raising issue of limits on defense obligation to provide reciprocal discovery
Commonwealth v. Ellis, 429 Mass. 362 (1999) — amicus brief filed on behalf of National Association of Criminal Defense Lawyers, challenging legality of industry-funded insurance fraud bureau within Attorney General’s Office
United States v. Klubock, 832 F. 2d 664 (1st Cir., 1987) — amicus brief filed on behalf of Massachusetts Association of Criminal Defense Lawyers, supporting application of state bar disciplinary rule and constitutional limitation on ability of federal prosecutors to subpoena defense attorneys to appear before a grand jury
Family law
Adams v. Adams, 459 Mass. 361 (2011) (co-counsel at trial; brief on appeal) — business valuation of financial partnership interest in divorce proceedings
Care and Protection of Zelda, 26 Mass. App. Ct. 869 (1989) — established the right,
now provided by statute, of a foster parent to be heard in a care and protection case involving the foster child
Bush v. Bush, 402 Mass. 406 (1988) — raising question of power of Probate Court to modify separation agreement to allow financial support for mentally retarded adult child
Adoption of a Minor, 386 Mass. 741 (1982) — discussing right of foster parents to file petition for adoption
Schiereck v. Schiereck, 14 Mass. App. Ct. 378 (1982) — affirming power of Massachusetts Probate Court to modify West German custody and visitation decree
Glick v. Greenleaf, 383 Mass. 290 (1981) — reversing judgment of the Appeals Court, upheld the equitable power of Probate Court to enforce provisions of separation agreement on petition of a child of the marriage
Civil litigation
Perry v. Blumm, et al., 629 F. 3d 1, (1st Cir., 2010) — complex real estate/commercial paper dispute; equitable principles
Van Brode Group v. Bowditch & Dewey, 36 Mass. App. Ct. 509 (1994) — raising issue of the scope of the duty of a large multi-service law firm to a group of clients composed of a closely-held family of corporations controlled by a single individual
In the Matter of Walter F. Roach, Jr., 381 Mass. 624 (1980) — discussion of a reporter’s privilege under the First Amendment to protect a confidential source
Inmates of Suffolk County Jail v. Eisenstadt, 494 F. 2d 1196 (1st Cir., 1974) — civil rights action challenging unconstitutional conditions of confinement at county jail
Adams v. Adams, 459 Mass. 361 (2011) — business valuation of financial partnership in divorce proceedings (co-counsel at trial; on brief on appeal)
