We are pleased to announce that Natalie Rice joined Wood & Nathanson full-time in April. Attorney Rice brings a deep dedication to criminal defense along with diverse experiences ranging from the San Francisco and New York public defender offices to a legal tech startup to the United States Attorney's Office Anti-Terror Unit.
Protecting Cell Phone Privacy
On behalf of MACDL, Attorney Wood has filed an amicus brief in Commonwealth v. Chamberlin, SJC-11877, with attorneys at Wilmer Hale and the ACLU of Massachusetts. They argue that G.L. Ch. 271 Section 17B prohibits police from making informal requests to cell phone carriers for subscriber information during criminal investigations.
Chairing MCLE: Transgender Persons & the Law
On October 7, 2015, Attorney Jellison will chair a panel at Massachusetts Continuing Legal Education regarding Transgender Persons & The Law. The panel will educate attorneys regarding the many issues involved in representing transgender persons: proper decorum and terminology, practical issues, as well as unique substantive legal issues. Read more here.
Faulty Instructions Require New Trial
Radio appearance for ACLU
On September 1, 2015, Attorney Nathanson appeared on the Farm to Fork radio program on Northampton public radio. He discussed his work with the ACLU in bringing a First Amendment challenge to the federal Animal Enterprise Terrorism Act, explaining that this vague and overbroad statute chills legitimate animal rights activism. Listen to the program here. (Discussion begins at 35:25).
Challenge to murder statute
Commitment to our clients' wellbeing
Successful Amicus Brief
On behalf of MACDL, Attorney Wood and a team from Latham & Watkins submitted an amicus brief to the SJC in Commonwealth v. Kostka, SJC-11766. The Court adopted all of the arguments they advanced and reversed the defendant's contempt conviction, holding that he was not required to provide a DNA sample to police in a murder investigation. Read the brief here.
Speedy Trial Presentation
On May 14, 2015, Attorney Wood spoke at the Committee for Public Counsel Services annual conference regarding the right to a speedy trial. He gave attorneys practical suggestions regarding using the Supreme Judicial Court's recent decision in his case Commonwealth v. Taylor. The case established new rules that require prosecutors to provide better justification for delays that result from their failure to produce discovery.
The Right to Address the Court
Petition to the Supreme Court
Attorney Nathanson recently filed a petition with the United States Supreme Court challenging the Massachusetts SJC's ruling that his client had to show harm to his case from the denial of his right to a public trial. His client, a young Marine just back from basic training, wanted his family in the courtroom while a jury was selected. But the trial judge ordered everyone out. The Sixth Amendment guarantees a public trial.
Protecting Juveniles in Interrogation
Attorney Wood recently convinced the Supreme Judicial Court to expand the rights of juveniles being interrogated by police. Drawing on current brain science and decisions from other jurisdictions, he successfully argued that juveniles who are 17 years old should have the opportunity to consult with an "interested adult" such as a parent during interrogation.
Leadership
MACDL Presentations
Attorneys Wood and Nathanson both presented at the Advanced Post-Conviction Litigation seminar of the Massachusetts Association of Criminal Defense Lawyers. As co-chair of MACDL's Amicus Committee, Attorney Wood presented on the importance of having amicus support and how to solicit it. Attorney Nathanson presented on Petitions for Further Appellate Review to the SJC.
DNA Testing in 42 Year Old Murder
Off To A Great Start!
Attorney Jellison recently won her first case where she was the lead attorney. On appeal to the Appellate Division of the District Court, she secured a finding of not responsible for her client who was charged with speeding. She successfully argued that the defendant should have been allowed to challenge the officer's visual estimate of speed using mathematics and that there was improper foundation for LIDAR evidence.
Super Lawyers Recognition
MACDL Amicus Committee Co-Chair
Improving Right to Speedy Trial
In Commonwealth v. Taylor, Attorney Wood convinced the SJC that a defendant should not have to choose between his right to a speedy trial and his right to mandatory discovery. In the future, when a defendant files a motion to compel the production of mandatory discovery, the SJC held that this act ordinarily will not stop the speedy trial clock
Eva Jellison Joins Wood & Nathanson
We are excited to announce that Eva Jellison has joined W & N. Attorney Jellison is a graduate of Stanford and Northeastern University School of Law where she interned with a highly-regarded criminal defense firm, SJC (soon-to-be Chief) Justice Gants and the Civil Rights Division of the DOJ. Upon graduation, she served as a clerk to Chief Justice Dana Fabe of the Alaska Supreme Court.