Author name: bauwau

April 29, 2016  –  by Liam Scully I believe that someday the breath testing devices will be completely discredited as unreliable. But for now we are still fighting these results on a case by case basis. But there are more successful challenges being made every day. The most significant one recently is an out of […]

January 31, 2015  –  by Liam Scully In Bruton v. United States, 391 U.S. 123 (1968), the United States Supreme Court held that a defendant’s confrontation clause rights are violated when a non-testifying codefendant’s confession naming the defendant as a participant in the crime is introduced at their joint trial, even if the jury is

May 5, 2015  –  by Liam Scully With its recent decision the Massachusetts Supreme Judicial Court confirmed that the appearance of breaking the law is not cause enough to warrant a search of an individual or their property. In Commonwealth vs. Josiah H. Canning the defendant was charged with possession with intent to distribute marijuana.

April 24, 2015  –  by Liam Scully Are breathalyzer results reliable?  Should they be used as evidence in a DUI case?  For years some lawyers have questioned the use of such evidence, comparing it to a polygraph, or lie detector test, saying that they are known to work improperly and give misreads. Now there comes