COMMONWEALTH V. VIGIANI, 488 Mass. — (2021)

Ruling that juveniles may call their parents to testify in their defense, but that prosecutors are prohibited from calling parents to testify against their children.

Commonwealth v. Manolo M., 486 Mass. 678 (2021)

Ruling that minor misdemeanor charges must be dismissed against juveniles with no prior record under G. L. c. 119, § 52 and concluding that there was no probable cause to support felony incitement charge.

Commonwealth v. Garcia, 17-P-1391, 94 Mass. App. Ct. 1117 (January 16, 2019)

Order denying the defendant’s motion to vacate his guilty plea reversed as to the charge of discharging a firearm within 500 feet of a building because the prosecutor provided insufficient information as to the location of the incident.

Commonwealth v. Anitus, 93 Mass. App. Ct. 104 (2018)

Judgment vacated and verdict for defendant entered in masked armed robbery case where the DNA evidence and surveillance footage that purportedly linked Menken’s client to the crime was actually too inconclusive to sustain the verdict.

Commonwealth v. Garcia, 476 Mass. 822 (2017)

Rape conviction reversed because the admission of prejudicial evidence regarding the defendant’s purported confession created a substantial risk of a miscarriage of justice

Commonwealth v. Smith, 90 Mass. App. Ct. 261 (2016)

Reversing denial of motion for a new trial in an armed home invasion case and remanding for an evidentiary hearing on several substantial issues

Commonwealth v. LaBrie, 473 Mass. 754 (2016)

Reversing convictions including attempted murder in a case where the offense was a mother’s failure to give her son his prescribed chemotherapy medications

Commonwealth v. Robertson, 467 Mass. 371 (2014)

Reversing denial of Robertson’s pretrial motion to dismiss because “electronic surveillance” statute did not reach alleged “upskirting”

DeLong v. Dickhaut, 715 F.3d 382 (1st Cir. 2013)

Reversing dismissal of DeLong’s habeas corpus petition because judge may not have considered less severe action, as required
(with Charles Rankin)

United States v. Francois, 715 F.3d 21 (1st Cir. 2013)

Vacating Francois’ 164-month sentence because judge erroneously imposed 140 months’ imprisonment for offense carrying a maximum of one year

United States v. Turner, 684 F.3d 244 (1st Cir. 2012)

Addressing complex Hobbs Act issues on review of extortion conviction of former Boston City Councilor
(with Charles Rankin)

Commonwealth v. Samuels, 456 Mass. 1025 (2010)

Rejecting Commonwealth’s petition for extraordinary relief from sentence reductions to which it had agreed

To request further information or to set-up an initial consultation, please contact Attorney Michelle Menken