Massachusetts Appeals Attorney
Attorney William M. Driscoll focuses his law practice on criminal appeals, post-conviction remedies, and civil liberty appeals. He represents clients throughout Massachusetts, from the Berkshires to Barnstable.
Those convicted of a crime face long-term consequences affecting their future and their civil liberties. The Commonwealth is a very worthy adversary, but overturning a verdict is possible.
Experienced appellate counsel understands how appellate judges think. Only expertly crafted legal arguments and crisp oral presentations are capable of swaying appellate judges.
Appellate deadlines are short. Call today 978-846-5184.
Recent Noteworthy Appellate Results
Massachusetts Appeals Court
The defendant was convicted of breaking and entering with felonious larceny. On appeal, the judgments were reversed, the verdicts set aside, and judgments entered in favor of Attorney Driscoll's client. The only evidence implicating the defendant was a cigarette butt with his DNA impressed, which suggested that he smoked the cigarette at one time. But it did not exclude the equally reasonable hypothesis that he smoked the cigarette at an earlier time and someone else transported the cigarette butt to the scene – either intentionally or accidentally. The evidence was insufficient to prove beyond a reasonable doubt that the defendant was both present at the scene of the crime and at the time of the crime.
Massachusetts Supreme Judicial Court
The defendant was arrested while sitting alone in a stolen vehicle, in the passenger seat. The trial court suppressed the defendant's incriminating statements made during his arrest. On appeal, Attorney Driscoll argued that the police lacked probable cause for arrest because they did not investigate whether his client knew that the vehicle was stolen before the arrest. The intermediate and highest state appellate courts agreed with Attorney Driscoll, affirming the trial court's suppressed order. This case differentiates the justification required for reasonable suspicion versus probable cause when the suspect's "knowledge" is relevant. Here, the police failed to establish probable cause via a Terry stop inquiry before making an arrest. Therefore, all evidence gathered as a result of that arrest was suppressed as fruit of the poisonous tree.
Contact Appellate Attorney William Driscoll at 978-846-5184 before your rights disappear. Attorney Driscoll pursues appellate rights in the Massachusetts appellate courts and the Supreme Court of the United States.
Supreme Judicial Court
U.S. Supreme Court