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Trying Murder and Other Homicide Cases in Massachusetts

Cases, strategies and seasoned guidance

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  • Product Number: 2050204B00
  • Publication Date: 9/28/2018
  • Edition: 3rd Edition 2018
  • Copyright: © 2018 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Trying Murder and Other Homicide Cases in Massachusetts provides the practical guidance that prosecutors and defense attorneys need to competently and effectively try a homicide case. Beginning with an introduction to the major types of homicide—first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter—the book takes you through each step of a homicide case. Sample motions and other various helpful exhibits are included.

    Recent updates:

    • Update: September 2018

      Dear Subscriber:

      Thank you for updating your reference library with the 2018 edition of Trying Murder and Other Homicide Cases in Massachusetts. Highlights of some of the updates include

      • new and updated case discussions throughout the book which will bring you up to speed on the latest developments;
      • model jury instructions on homicide as revised by the Supreme Judicial Court in April 2018 (see chapter 2);
      • an entirely rewritten chapter taking you step-by-step through the grand jury procedure (see chapter 13); and
      • two new chapters covering important topics (see chapter 16 on forensic DNA issues and chapter 17 on the production of third-party records).

      We at MCLE trust that you will find this updated publication useful in your law practice and in keeping your law library current. Thank you for your continued support.

      Cordially,

      Alexis J. LeBlanc, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Homicide in Massachusetts: An Introduction

    Buy Chapter
    Larry R. Tipton, Esq., Committee for Public Counsel Services

    Exhibit 1A

    - Sentencing Chart for Types of Homicides Buy Form

    Exhibit 1B

    - Life Felonies Buy Form
    Chapter 2 expand

    Jury Instructions on Homicide

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    Chapter 3 expand
    Chapter 4 expand

    Crime Scene Investigation

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    Kelli L. Porges, Esq., Iglehart and Porges
    Chapter 5 expand

    Criminalistics

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    Adrienne C. Lynch, Esq., Middlesex District Attorney's Office, Commonwealth of Massachusetts
    Chapter 6 expand

    Checklist 6.1

    - Pretrial Conference Checklist Buy Form

    Exhibit 6A

    - Motion for Discovery of Informant Buy Form

    Exhibit 6B

    - Motion for List of Witnesses and Other Information Buy Form

    Exhibit 6C

    - Motion for Court Activity Record Information Buy Form

    Exhibit 6D

    - Motion for Discovery of Prospective Expert Testimony Buy Form

    Exhibit 6E

    - Motion to Preserve Evidence Buy Form

    Exhibit 6F

    - Motion for Exculpatory Evidence: Details of Interviews with Witness—Child Buy Form

    Exhibit 6G

    - Motion for Preservation of and Access to Physical Evidence Buy Form

    Exhibit 6H

    - Motion for List of Persons Present Buy Form

    Exhibit 6I

    - Motion for Disclosure of Identification Procedures Buy Form

    Exhibit 6J

    - Motion for Information Regarding History of Drug and Alcohol Abuse of Any Commonwealth Witness Buy Form

    Exhibit 6K

    - Motion for Rewards, Promises, and Inducements Buy Form

    Exhibit 6L

    - Motion for Discovery of Exculpatory Evidence: Inconsistent Statements Buy Form

    Exhibit 6M

    - Motion for Disclosure of Prior and Subsequent Bad Acts Buy Form

    Exhibit 6N

    - Motion for Medical Examiner’s File Buy Form

    Exhibit 6O

    - Motion for Production of Department of Children and Families Records Buy Form

    Exhibit 6P

    - Motion for Production of School Records Buy Form

    Exhibit 6Q

    - Motion for Production of Police Reports Buy Form

    Exhibit 6R

    - Motion for Disclosure and Production Buy Form

    Exhibit 6S

    - Motion for Bill of Particulars Buy Form
    Chapter 7 expand

    General Tactical Considerations in the Multidefendant Case

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    Michael S. Hussey, Esq., Murphy & Rudolf, LLP

    Checklist 7.1

    - Information to Gather and Review in Preparation for Cross-Examination of a Cooperating Codefendant Buy Form
    Chapter 8 expand

    Bruton Issues, Severance, and Extrajudicial Codefendant Statements

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    Chapter 9 expand

    Trial Motions in Murder Cases

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    Joanne M. Daley, Esq., Federal Public Defender Office

    Exhibit 9A

    - Motion for a View Buy Form

    Exhibit 9B

    - Motion in Limine to Sequester Witnesses Buy Form

    Exhibit 9C

    - Motion in Limine Regarding Reference to Decedent as “Victim” Buy Form

    Exhibit 9D

    - Defendant’s Motion in Limine to Exclude References to Gang Membership Buy Form

    Exhibit 9E

    - Motion in Limine to Exclude “Gang” Terminology Buy Form

    Exhibit 9F

    - Motion in Limine to Prohibit Decedent’s Family from Testifying Buy Form

    Exhibit 9G

    - Motion in Limine to Exclude References to the Defendant’s Alleged Nickname Buy Form

    Exhibit 9H

    - Motion in Limine Regarding Prior Police Contact with the Defendant Buy Form

    Exhibit 9I

    - Motion in Limine for Exculpatory Change in Witness Testimony Buy Form
    Chapter 10 expand

    Forensic Evidence Issues

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    Larry R. Tipton, Esq., Committee for Public Counsel Services

    Checklist 10.1

    - Forensic Toxicology Discovery Checklist Buy Form

    Exhibit 10A

    - Defendant’s Motion for Discovery of Medical Examiner’s Investigation and Manila Folder Buy Form

    Exhibit 10AA

    - Brain Slides Diagram Form Buy Form

    Exhibit 10B

    - Letter from Office of the Chief Medical Examiner (OCME) to Legislature January 13, 2017 and Official Audit Report August 11, 2017 Buy Form

    Exhibit 10BB

    - Spinal Cord / Brain Diagram Form Buy Form

    Exhibit 10C

    - Example Medical Examiner Policy and Procedure Manual Buy Form

    Exhibit 10CC

    - Skull Diagram Form Buy Form

    Exhibit 10D

    - Report of Investigation by Medical Examiner Buy Form

    Exhibit 10DD

    - Head/Chin Diagram Form Buy Form

    Exhibit 10E

    - Preliminary Autopsy Notes Buy Form

    Exhibit 10EE

    - Face: Four Views: Diagram Form Buy Form

    Exhibit 10F

    - OCME Case Report Buy Form

    Exhibit 10FF

    - Infant Full Body Diagram Form Buy Form

    Exhibit 10G

    - Medical Examiner’s Toxicology Request Form Buy Form

    Exhibit 10GG

    - Front and Side Full Body Diagram Form Buy Form

    Exhibit 10H

    - Medical Examiner’s Toxicology Request Form Buy Form

    Exhibit 10HH

    - Neuropathology Consultation Worksheet Buy Form

    Exhibit 10I

    - Toxicology Inquiry Form Buy Form

    Exhibit 10II

    - Cardiovascular Pathology Consultation Worksheet Buy Form

    Exhibit 10J

    - Statement of Identification Form Buy Form

    Exhibit 10JJ

    - Report of Fetal Death Buy Form

    Exhibit 10K

    - Standard Certificate of Death Buy Form

    Exhibit 10KK

    - Example Report of Child(ren) Alleged to Be Suffering from Abuse or Neglect Buy Form

    Exhibit 10L

    - Certified Cause of Death Form Buy Form

    Exhibit 10LL

    - Elder Abuse Mandated Reporter Form Buy Form

    Exhibit 10M

    - Request for Autopsy Report / Death Certificate Instructions Buy Form

    Exhibit 10MM

    - Communicable Disease Form Buy Form

    Exhibit 10N

    - OCME Examination Attendance Log Buy Form

    Exhibit 10O

    - Referral to the OCME by Physician Buy Form

    Exhibit 10P

    - Autopsy Report Buy Form

    Exhibit 10Q

    - Chain-of-Custody Form Buy Form

    Exhibit 10R

    - Request for the Examination of Physical Evidence Buy Form

    Exhibit 10S

    - Physical Evidence from Body Receipt Form Buy Form

    Exhibit 10T

    - Special Histology Request Form Buy Form

    Exhibit 10U

    - Full Body Examination Diagram Forms Buy Form

    Exhibit 10V

    - Full Body Measurement Forms Buy Form

    Exhibit 10W

    - Left Hand Diagram Form Buy Form

    Exhibit 10X

    - Both Hands and Palms Diagram Form Buy Form

    Exhibit 10Y

    - Side Diagram Form Buy Form

    Exhibit 10Z

    - Cranium/Brain Diagram Form Buy Form
    Chapter 11 expand

    Evidentiary Issues

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    Joanne M. Daley, Esq., Federal Public Defender Office
    Chapter 12 expand

    Mental Health Issues

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    Larry R. Tipton, Esq., Committee for Public Counsel Services

    Exhibit 12A

    - Defendant’s Motion to Compel Government to Furnish Evidence Used to Cross-Examine Experts Buy Form

    Exhibit 12B

    - Defendant’s Notice of Defense of Lack of Criminal Responsibility Buy Form

    Exhibit 12C

    - Defendant’s Motion for Disclosure of Commonwealth’s Experts’ Opinions and Diagnosis Buy Form

    Exhibit 12D

    - Memorandum Supporting Defendant’s Motion for Disclosure of Commonwealth’s Experts’ Opinions and Diagnosis Buy Form
    Chapter 13 expand

    Grand Jury Practice

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    Mark W. Bennett, Esq., Mark W. Bennett, Attorney At Law
    Philip A. Burr, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts
    Gregory P. Connor, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts
    Chapter 14 expand

    Checklist 14.1

    - Voir Dire Issues Buy Form

    Exhibit 14A

    - Superior Court Rule 6: Jury Selection Buy Form

    Exhibit 14B

    - Superior Court Voir Dire—A Procedural Overview Buy Form

    Exhibit 14C

    - Supporting Affidavit of Counsel Buy Form

    Exhibit 14D

    - Defendant’s Motion for Examination of Jurors Buy Form

    Exhibit 14E

    - Motion for Attorney-Conducted (Panel or Individual) Voir Dire Buy Form

    Exhibit 14F

    - Sample Prosecution Motion for Voir Dire Questions Buy Form
    Chapter 16 expand

    Exhibit 16A

    - Image of Twenty-Three Pairs of Chromosomes Buy Form

    Exhibit 16B

    - Illustration of Double-Helix Structure of DNA Buy Form

    Exhibit 16C

    - Defendant’s Motion for DNA Discovery Buy Form

    Exhibit 16D

    - Thirteen CODIS Core STR Loci with Chromosomal Positions Buy Form

    Exhibit 16E

    - Example of Electropherogram Buy Form

    Exhibit 16F

    - Sample DNA Lab Report (STR Analysis) Buy Form

    Exhibit 16G

    - Sample DNA Lab Report (Y-STR Analysis) Buy Form

    Exhibit 16H

    - Sample DNA Lab Report (Mitochondrial DNA Analysis) Buy Form

    Exhibit 16I

    - Commonwealth’s Motion to Compel Defendant to Provide DNA Sample Buy Form

    Exhibit 16J

    - Defendant’s Opposition to Compelled DNA Submission Buy Form

    Exhibit 16K

    - Defendant’s Motion for Funds for DNA Expert Buy Form

    Exhibit 16L

    - Defendant’s Motion for Funds for DNA Expert to Observe Testing Buy Form

    Exhibit 16M

    - Sample Exhaustive Testing Authorization Form Buy Form
    Chapter 17 expand

    Production of Third-Party Records

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    Exhibit 17A

    - Motion to Expand Protective Order to Allow Copies of Privileged Records to Be Made Available to Counsel and His Expert Buy Form

    Exhibit 17B

    - Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence Psychiatric Record of Alleged Victim Buy Form

    Exhibit 17C

    - Motion for Production of Mobile Data Terminal Records Buy Form

    Exhibit 17D

    - Motion for Court Summons of Internal Affairs Documents Buy Form

    Exhibit 17E

    - Motion for Production of Surveillance Video Buy Form

    Exhibit 17F

    - Motion for Court Order to Permit Defense Counsel and Investigator to View, Measure, and Photograph Crime Scene Buy Form

    Exhibit 17G

    - Motion to Order Employer to Comply with Rule 17(a)(2) Summons, or for Show Cause Hearing Buy Form

    Exhibit 17H

    - Sample Public Records Request Buy Form

    Exhibit 17I

    - Sample Appeal of Public Records Request Denial Buy Form

    Exhibit 17J

    - Sample FOIA Request Buy Form
    Appendix

    Gathering Facts

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  • Editors & Authors

    Editor(s)

    Larry R. Tipton, Esq., Committee for Public Counsel Services, Norwood

    Author(s)

    Mark W. Bennett, Esq., Mark W. Bennett, Attorney At Law, Milton
    Philip A. Burr, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts, Canton
    Gregory P. Connor, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts, Canton
    Joanne M. Daley, Esq., Federal Public Defender Office, Providence
    Hon. Andrew M. D'Angelo, Worcester District Court, Commonwealth of Massachusetts, Worcester
    Sandra Gant, Esq., Committee for Public Counsel Services, Norwood
    Michael S. Hussey, Esq., Murphy & Rudolf, LLP, Worcester
    Kelli L. Porges, Esq., Iglehart and Porges, Boston
    Larry R. Tipton, Esq., Committee for Public Counsel Services, Norwood
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