Amicus Curiae

  • Commonwealth v. Pugh (decided June 15, 2012)

    21 Jun 2012 3:12 PM | Admin (Administrator)
    McKenzie Webster drafted our brief arguing that a woman did not owe a duty of care to her viable fetus, such that she may be found criminally liable for manslaughter or wanton and reckless conduct in not calling for medical assistance during home childbirth.

    BRIEF [pdf]
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  • In re: Jeffrey Auerhahn (pending)

    21 Jun 2012 1:43 PM | Admin (Administrator)
    Peter B. Krupp and Max D. Stern authored an amicus for MACDL to the U.S. Court of Appeals for the First Circuit.  MACDL argued that a federal prosecutor's actions in failing to turn over Brady material violated the Massachusetts ethical rules and warranted a sanction by the district court.

    BRIEF [pdf]
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  • In re: Subpoena (pending)

    21 Jun 2012 1:41 PM | Admin (Administrator)
    Barry S. Pollack, Joshua L. Solomon, Phillip Rakhunov and Gretchen S. Silver filed an amicus for MACDL to the SJC.  MACDL argued that a Commission on Judicial Conduct subpoena went too far when it sought discovery of a judge's bench books and sought to depose the judge about his internal deliberations; and, to safeguard the independence of the judiciary, urged the Court to recognize in the Commonwealth a judicial privilege over deliberative processes.  After the Boston Globe criticized Judge Dougan for resisting the subpoena, Barry S. Pollack and Max D. Stern published an Op-Ed defending the judge’s actions, and the importance of an independent judiciary.

    BRIEF [pdf]
    Op-Ed Piece [pdf]
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  • Commonwealth v. Bright (pending)

    21 Jun 2012 1:39 PM | Admin (Administrator)
    Alex G. Philipson submitted an amicus for MACDL to the SJC.  MACDL argued that hearsay statements of a defendant's coventurers should not be admitted against the defendant if the jury finds the existence of a joint venture only by a "fair inference" as the trial court instructed, but rather such evidence should be considered only if the jury finds the existence of the joint venture "beyond a reasonable doubt," as required by current authority.

    BRIEF [pdf]
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  • Souza v. Registrar of Motor Vehicles (decided May 17, 2012)

    21 Jun 2012 1:33 PM | Admin (Administrator)
    Brian E. Simoneau drafted our brief successfully arguing that a CWOF is not a conviction for purposes of determining the duration of a license suspension for failure to submit to a breathalyzer.

    BRIEF     [pdf]
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