William M. Driscoll's Legal Cases (4)

Appeals

Swistak v. Stelmokas, 83 Mass. App. Ct. 1111 (2013) (Rule 1:28 decision).

N/A

OUTCOME: Judgment Reversed.

Successfully reversed the dismissal of a Family Court grandparent visitation action which was unconstitutionally terminated by violating the grandparent's right to due process. Case placed back on the ... lower court docket for further proceedings before a new judge.

Appeals

Commonwealth v. Clay, 90 Mass. App. Ct. 1124 (2017) (Rule 1:28 decision).

N/A

OUTCOME: Conviction set aside.

Conviction for two counts of assault and battery with a dangerous weapon reversed and remanded on appeal. Mr. Clay's constitutional rights were violated at trial when the Commonwealth used Mr. Clay's p ... ost-Miranda warning or post-arrest silence for the substantive purpose of impeaching his exculpatory story in violation of Doyle v. Ohio, 426 U.S. 610 (1976).

Appeals

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

N/A

OUTCOME: Judgment Reversed.

Reversed the Family Court's divorce judgement awarding child custody. Created new law: it is unconstitutional for a judge to require pre-litigation mediation before filing a future complaint. Such an o ... rder denies the constitutionally protected right to access to the court for redress of grievances.

Appeals

Commonwealth v. Suriel, 91 Mass. App. Ct. 604, (2017), rev. denied, 477 Mass. 1110 (2017), cert. denied, 138 S. Ct. 484 (2017).

N/A

OUTCOME: Conviction affirmed.

Convictions for possession of a firearm without a license and possession of ammunition without a license upheld on appeal. The issue presented to the United States Supreme Court was whether the federal ... Constitution is offended when the police stop a motor vehicle solely to verify a passenger's firearm license status on the "hunch" that he might be unlicensed.

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