Mass. SJC declares that SORB can’t use post-July 12, 2013 failed reclassification attempts as basis to publish previously barred Level Two information on the internet

SUMMARY: Massachusetts Supreme Judicial Court (SJC) clarified an earlier ruling enjoining the Massachusetts Sex Offender Registry Board (SORB) from publishing registry information on Level Two sex offenders classified before July 12, 2013. The SJC stated that SORB cannot use a post-July 12, 2013 failure to reclassify a Level Two as a Level Three as a post-July 12, 2013 finding of a Level Two, and thereby justify internet publication of the

Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Unexplained Exclusion of Black Person from Jury, Despite Sufficient Evidence Otherwise to Convict

SUMMARY: The Massachusetts Supreme Judicial Court (SJC) reversed a conviction for murder. Despite finding that there was sufficient evidence to support the conviction, the SJC found that the Superior Court had abused its discretion and created a constitutional structural error by failing to require the prosecution to give an adequate and genuine race-neutral reason for excluding a certain black person from the jury. The SJC also instructed the Superior Court

“Clear and Convincing Evidence” Now the Standard for Sex Offender Classification in Massachusetts

SUMMARY: In an earth-shifting case, the Massachusetts Supreme Judicial Court (SJC) increased the standard of proof necessary for the Sex Offender Registry Board (SORB) to classify a convicted sex offender. The SJC increased the burden to a “clear and convincing” standard, replacing the older “preponderance of the evidence” standard. CASE NAME: Doe No. 380316 v. Sex Offender Registry Board, 473 Mass. 297 (2015) . DECISION: Unanimous, 7-0, opinion by Justice

In Juror Bias Case, Massachusetts Appeals Court Upholds Verdict

CASE NAME: Commonwealth v. Richard S. Nelson, ____ Mass. App. Ct.____ (2017), Appeals Court No. 16-P-808, Released June 5, 2017. SUMMARY: In the criminal (OUI) case of Commonwealth v. Richard S. Nelson, a unanimous Massachusetts Appeals Court held that a District Court did not abuse its discretion by failing to excuse a juror who admitted to potential bias. The Appeals Court went on to advise lower courts on how to