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Mass. Supreme Court: Field Sobriety Tests Inadmissible Re: Marijuana

The Massachusetts Supreme Court ruled that field sobriety tests (“FSTs”) may not be used as definitive evidence of impairment in cases involving allegations of operating a motor vehicle while under the influence of marijuana. The Court also ruled that FSTs are admissible as contemporaneous observations of the police officer, as a lay witness, who conducted

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Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable

The U.S. Court of Appeals for the Fourth Circuit ruled that a supervised release revocation sentence was plainly unreasonable. The Court concluded that it was not reasonable for a district court to fail to address nonfrivolous arguments advanced by a defendant arguing for a particular revocation sentence. The Court also held that a district court

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Can Prisoners Publish Articles, Blog Posts and Books?

As someone who regularly writes for publications from prison, I’m often asked what the legal parameters of such conduct are. Typically, this discussion starts with a prisoner’s family member contacting me, and expressing that they have been told that their incarcerated loved one is not allowed to publish any articles, blog posts, or books because

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