Product Description

Recent updates:

• Update: October 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of MCLE's Immigration Practice Manual current for 2022. Inside this update, you will find materials on topics such as these:

  • Removal. See chapter 18 for a citation to a case decided in May 2022 wherein the Supreme Court held that federal courts of appeals are barred from reviewing factual findings underlying the denial of relief from removal in the forms of cancellation of removal, voluntary departure, adjustment of status, and waivers sought pursuant to 8 U.S.C. § 1182(h) and (i).

  • I-9 compliance; receipt rule. See chapter 29 for new commentary on USCIS's 2021 policy stating that it will consider L-2 and E dependent spouses (but not H-4 dependent spouses) work authorized incident to their status, meaning that these dependent spouses will not need to apply for an EAD to work in the United States. Also see chapter 29 for three areas of the HSI labor exploitation mission.

  • Asylum. See chapter 30 for new information regarding DHS and DOJ rules that are changing the way in which asylum applications of asylum seekers who are subject to expedited removal are processed within the immigration system. The chapter also includes a new practice note guiding the reader on key elements of proving "persecution" in connection with asylum.

  • STEM scholars. See chapter 32 for the Biden-Harris administration's statement with regard to the advancement of predictability and clarity for pathways for international STEM scholars. The update discusses amendments to the USCIS Policy Manual that recognize "the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies."

  • DEI commentary. Please note, also, that with this new edition for 2022, MCLE has incorporated practical commentaries on diversity, equity, and inclusion (DEI), which were contributed by DEI commentators Annelise M. Araujo, Esq., and Stefanie Fisher, Esq., partners of the firm of Araujo & Fisher LLC. Seventeen such commentaries have been added to the chapters of this publication.

  We at MCLE trust that you will find this new edition useful in your immigration practice and valuable in keeping your library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Homicide in Massachusetts: An Introduction

Buy Chapter

Patrick Levin, 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

Buy Chapter

Chapter 3 expand

Prearraignment Issues

Buy Chapter

Martin F. Murphy, Esq.,

Chapter 4 expand

Crime Scene Investigation

Buy Chapter

Kelli L. Porges, Esq., Iglehart & Porges

Chapter 5 expand

Criminalistics

Buy Chapter

Adrienne C. Lynch, Esq., Middlesex Superior Court, Commonwealth of Massachusetts

Chapter 6 expand

Pretrial Conference: Specific Requests

Buy Chapter

Hon. Connor M. Barusch, Boston Municipal Court, Commonwealth of Massachusetts
Cathleen L. Bennett, Esq.,

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

Buy Chapter

Michael S. Hussey, Esq.,

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

Buy Chapter

Carolyn I. McGowan, Esq., Committee for Public Counsel Services

Chapter 9 expand

Trial Motions in Murder Cases

Buy Chapter

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

Buy Chapter

Larry R. Tipton, Esq., Tipton Law

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

Buy Chapter

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

Chapter 12 expand

Mental Health Issues

Buy Chapter

Paul R. Rudof, Esq., Strehorn, Ryan, & Hoose
Larry R. Tipton, Esq., Tipton Law

Exhibit 12A

- Ex Parte Motion for Funds for Psychologist Buy Form

Exhibit 12B

- Ex Parte Motion to Impound Motions for Funds and Accompanying Affidavits Buy Form

Exhibit 12C

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

Exhibit 12D

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

Exhibit 12E

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

Exhibit 12F

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

Chapter 13 expand

Grand Jury Practice

Buy Chapter

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

Voir Dire Issues

Buy Chapter

Matthew J. Fleischner, Esq., Committee for Public Counsel Services
Hon. Mary-Lou Rup, Bulkley, Richardson and Gelinas LLP

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

- Defendant’s Motion for Examination of Jurors Buy Form

Exhibit 14D

- Supporting Affidavit of Counsel Buy Form

Exhibit 14E

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

Exhibit 14F

- Sample Prosecution Motion for Voir Dire Buy Form

Chapter 15 expand

Juvenile Offenders

Buy Chapter

Barbara T. Kaban, Esq.,
Wendy Wolf, Esq., Committee for Public Counsel Services, Youth Advocacy Division

Chapter 16 expand

Forensic DNA Issues

Buy Chapter

Hon. Ira L. Gant, Plymouth Superior Court, Commonwealth of Massachusetts

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 DNA Testing Authorization Form Buy Form

Chapter 17 expand

Production of Third-Party Records

Buy Chapter

Julie A. Buszuwski, Esq., Committee for Public Counsel Services
Sandra Gant, Esq., Federal Public Defender Office

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

Buy Chapter

Editor(s)

Author(s)