Legal Question in Criminal Law in Massachusetts
Superior Court Appeal?
The trial judge sentanced a man, convicted by a jury on 4 felonies, to spend 3 years in jail. His lawyer sprung him from jail the next day for at least a week (9/6) or until evidence can be heard on appeal and possibly have the verdict overturned. The appeal hearing today was based on the fact that the trial judge refused to let the public in to watch the jury selection proceedings. I might add that the defendant was a police officer and a practising lawyer and one of his felony charges was for intimidation. This sign on the courtroom door said ''Keep Out - Jury Selection'' and is a routine practice in this courthouse because it is so small. The accused's lawyer asked the judge to open the courtroom to the public, she refused. (many were police officers in uniform who were asked to leave) I imagine the Prosecutor would at least have addressed this request with the judge to cover any chance for appeals or mis-trial for the Commonwealth. So as it stands the former police officer is home today and will be back in court on 9/6. What do you think the chances are that an old, routinely used sign posted on a courtroom door can allow this man to go free while waiting for his appeal which could take years? Thanks for your help.
1 Answer from Attorneys
Re: Superior Court Appeal?
As you've described it, very, very low.
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