Recently in Motor Vehicle homicide by negligent operation Category

November 29, 2009

Massachusetts felony conviction for OUI Homicide overturned as prosecutor improperly excluded minority juror

A Massachusetts felony conviction for OUI motor vehicle homicide was reversed by the Massachusetts Appeals court as the trial judge improperly denied the defendant's challenge to the prosecutor's preemptory challenge. Under the United States Constitutional and the Massachusetts Declaration of Rights, a defendant is entitled to a jury that is selected from affair selection of the community and is not selected based on racial discrimination. While generally either side in a criminal case, can exclude at least two jurors without regard to cause, referred to as a preemptory challenge. Neither the prosecutor or defendant is allowed to strike jurors based on race or gender discrimination under the United States Supreme Court case law. Under the Massachusetts Declaration of Rights, a defendant has a similar right to a race neutral jury, which was set forth in the case of Commonwealth v. Soares.

In Commonwealth v. Douglas, decided by the Massachusetts Appeals Court, the court overturned a conviction for OUI motor vehicle homicide and negligent operation of a motor vehicle because the trial judge did not ensure that the prosecutor excluding a juror based on racial neutral reasons. Douglas involved a case where a prosecutor attempted to exclude the only black juror from the jury panel, which prompted an objection from the defense counsel. The prosecutor stated that the juror was excluded

As an experienced Massachusetts OUI criminal defense lawyer, it is crucial to ensure that a jury panel is selected fairly and not based on any racial or gender discrimination.

Continue reading "Massachusetts felony conviction for OUI Homicide overturned as prosecutor improperly excluded minority juror " »

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November 11, 2009

Milford, Massachusetts woman is arraigned on motor vehicle homicide charge

A Milford, Massachusetts woman was arraigned on motor vehicle homicide charges after allegedly going through a stop sign and causing the death of Richard Grossi. A charge of motor vehicle homicide by negligent driving is a charge that carries a maximum penalty of two and one half years in the house of correction as well as a 15 year loss of license.

The defense will likely retain an accident reconstruction expert to determine the extent to which speed may have been a factor in the accident or other road conditions.

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February 17, 0110

Attleboro, Massachusetts woman arraigned in crash that killed city worker

An Attleboro, Massachusetts woman was arraigned on charges of Massachusetts vehicular homicide, driving negligently, failing to yield to a pedestrian and failing to slow for a highway maintenance worker. A skilled Massachusetts criminal defense attorney is necessary to defend against these charges.

According to the Sun Chronicle, Ngoc Hua, struck a city water department worker as he was attempting to close a water gate in the road because of a water main leak. He died a short time later.

As a condition of her release after arraignment, Hua was required to surrender her driver's license and passport. Although the District Attorney requested $10,000 cash bail, the Attleboro District Court Judge James Sullivan allowed Hua to remain free without bail based on the fact that she had no prior criminal history and that the primary purpose of bail is to ensure defendant's appearance in court.


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