Our appellate practice ranges over the legal spectrum. Over sixty 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 the 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 which derives most of its income from public sources and is regulated by public authorities).

 

In Re: Walter Roache, 448 U.S.1312 (1980) (opinion of Brennan, J., as 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

United States v. Dewire, 271 F. 3d 333 (1st Cir., 2001) (raising question of appealability of 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) (upon the filing of appellant's brief, the government confessed error, 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).

 

Criminal Law - State

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 eighteen).

 

Angiulo v. Commonweath, 401 Mass. 71 (1987) (raising question of common law of double jeopardy in case of successive federal - state prosecution).

 

Commonwealth v. Burrell, 389 Mass. 804 (1983) (first degree murder conviction reversed and judgment of acquittal entered, on ground 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).  

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 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

Care and Protection of Zelda, 26 Mass. App. Ct. 869 (1989) (established the right,

now provided by statute, of a foster parent to participate 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, the upheld the equitable power of Probate Court to enforce provisions of separation agreement on petition of a child of the marriage).

Civil Litigation

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 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).