Select Appellate Cases

Attorney William (Bill) Driscoll not only practices law, his appellate work has reshaped the law.

There is truly no second chance to make a good first impression on appeal. The issue(s) raised for appeal must be carefully identified. Legal research must be thorough. Written submissions and oral argument must be clear, crisp, and persuasive. Oral argument is limited in time and must address the questions posed by the appellate judges.

New Hampshire Appeals Attorney

Commonwealth v. Lavallee, 2023-P-0856, pending.

  • Voluntary manslaughter, home invasion, carrying a firearm with license (second offense).

Commonwealth v. Love, 2022-P-1157, pending.

  • Voluntary manslaughter.

Commonwealth v. Lugo, 2022-P-1101, pending.

  • Manslaughter and Carrying a Loaded Firearm Without a License.

Commonwealth v. McCullough, 103 Mass. App. Ct. 1117 (2023).

  • Armed Robbery, Assault & Battery With a Dangerous Weapon, and Amed Assault in a Dwelling.

Commonwealth v. Colon, 101 Mass. App. Ct. 1121 (2022).

  • Indecent Assault and Battery on a Child Under Fourteen.

Commonwealth v. Miller, 101 Mass. App. Ct. 1108 (2022).

  • Possession of a Firearm Without a License.

Commonwealth v. Shepard, 100 Mass App. Ct. 1132 (2022).

  • Voluntary Manslaughter, Illegal Possession of a Firearm, and Illegal Possess of a Loaded Firearm.

Commonwealth v. Baez, 100 Mass. App. Ct. 1121 (2022).

  • Voluntary Manslaughter.

Commonwealth v. Saint-Vil, 100 Mass. App. Ct. 1120 (2022).

  • Mayhem (two counts), Assault and Battery by Means of a Dangerous Weapon on a Child (five counts), and Indecent Assault and Battery by Means of a Dangerous Weapon on a Child (three counts).
  • Appeal of a denied Motion for a New Trial alleging ineffective assistance of counsel for failure to hire an expert medical witness to support the sole theory of defense at trial.

Commonwealth v. Noel, 100 Mass. App. Ct. 1109 (2021).

  • Rape and Strangulation.

Commonwealth v. Harding, 99 Mass. App. Ct. 1132 (2021).

  • Rape (three counts) and Kidnapping.

Commonwealth v. Barbosa, 99 Mass. App. Ct. 132 (2021).

  • Rape and Habitual Criminal.

Andrea v. Andrea, 99 Mass. App. Ct. 1101 (2020).

  • Remarried Ex-Husband's Obligation to Continue Insurance Coverage for Ex-Wife.

Commonwealth v. DaSilva, 98 Mass. App. Ct. 1120 (2020).

  • Aggravated Rape of a Child (four counts), Rape of a Child Using Force (four counts), Indecent Assault and Battery on a Child Under Fourteen (six counts), Posing or Exhibiting a Child in a State of Nudity, Dissemination of Visual Material of a Child in a State of Nudity or Sexual Conduct, and Witness Intimidation.

Commonwealth v. Gonzalez, 98 Mass. App. Ct. 1115 (2020).

  • Rape of a Child and Indecent Assault and Battery on a Child Under Fourteen (three counts).

Commonwealth v. Santana, 98 Mass. App. Ct. 1108 (2020).

  • Assault With a Dangerous Weapon (three counts), Discharging a Firearm Within 500 Feet of a Building, Carrying a Firearm Without a License, and Carrying a Loaded Firearm Without a License.

Commonwealth v. Miranda, 96 Mass. App. Ct. 1117 (2020).

  • Trafficking Heroin.

Commonwealth v. Ernst, 95 Mass. App. Ct. 1113 (2019).

  • Felonious Larceny by Single Scheme.

Commonwealth v. Fortune, 95 Mass. App. Ct. 1106 (2019).

  • Breaking and Entering in the Daytime with Intent to Commit a Felony, Felonious Larceny.

Commonwealth v. Rivera, 94 Mass. App. Ct. 1120 (2019).

  • Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, Second Offense.

Commonwealth v. Pridgett, 481 Mass. 437 (2019).

Commonwealth v. Pridgett, 93 Mass. App. Ct. 1105 (2018).

  • Receiving a Stolen Motor Vehicle, Subsequent Offense and Felonious Receiving Stolen Property.
  • Interlocutory appeal taken by the Commonwealth

Chaudhry v. Mahmood, 94 Mass. App. Ct. 1119 (2019).

  • Equitable Division of Marital Property

Commonwealth v. Sorenson, 94 Mass. App. Ct. 1104 (2018).

  • Assault and Battery.

Commonwealth v. Tomaso, 93 Mass. App. Ct. 1124 (2018).

  • Assault and Battery on a Correctional Officer.

Commonwealth v. Santiago, 92 Mass. App. Ct. 1113 (2017).

  • Indecent Assault and Battery on a Child Under Fourteen.

Jansen v. Alemu, 91 Mass. App. Ct. 1111 (2017).

  • Child Custody.

Suriel v. Massachusetts, 138 S. Ct. 484 (2017) (cert. denied).

Commonwealth v. Suriel, 91 Mass. App. Ct. 604 (2017).

  • Possession of a Firearm Without a License and Possession of Ammunition Without a License.

Commonwealth v. Clay, 90 Mass. App. Ct. 1124 (2017).

  • Assault by Means of a Dangerous Weapon (two counts).

Commonwealth v. Hillman, 90 Mass. App. Ct. 1114 (2016).

  • Possession or Control of a Firearm in a Motor Vehicle Without a License.

Commonwealth v. Dieujuste, 90 Mass. App. Ct. 1110 (2016).

  • Possession with Intent to Distribute Marijuana, Possession of Cocaine, and School Zone Violation.

Commonwealth v. Harris, 89 Mass. App. Ct. 1116 (2016).

  • Indecent Assault and Battery on a Child Under Fourteen.

Physic v. Physic, 88 Mass. App. Ct. 1103 (2015).

  • Divorce Separation Agreement Challenge Due to Remorse Soon After Divorce Became Absolute.

In re Estate of Galatis, 88 Mass. App. Ct. 273 (2015).

  • Probate Testamentary Capacity.

Ventrice v. Ventrice, 87 Mass. App. Ct. 190 (2015).

  • Constitutional Right to Freely Petition the Court and Child Custody.

Kelcourse v. Kelcourse, 87 Mass. App. Ct. 33 (2015).

  • Unenforceable Prenuptial Agreement at the Time of Divorce.

St. Dennis v. St. Dennis, 2014-J-0141 (2014).

  • Personal Jurisdiction, Subject Matter Jurisdiction, Interstate Child Custody.
  • Interlocutory appeal, drafted winning Petition for trial counsel.

Creer v. Creer, 84 Mass. App. Ct. 1133 (2014).

  • Post-Divorce Child College Expenses.

Alvarez-O'Neil v. O'Neil, 2013-J-0342 (2013).

  • Post-divorce Qualified Domestic Relations Order (QDRO).
  • Interlocutory appeal.

Beras v. Masterman, 83 Mass. App. Ct. 1134 (2013).

  • Child Custody.

Swistack v. Stelmokas, 83 Mass. App. Ct. 1111 (2013).

  • Denial of Due Process, Standing, and Grandparent Visitation Rights.

Russo v. Davis, 83 Mass. App. Ct. 1107 (2013).

  • Medical Malpractice.

Ostroff v. Ostroff, 80 Mass. App. Ct. 1111 (2011).

  • Post-Divorce Termination of Alimony and Life Insurance.