Product Description

Recent updates:

• Update: December 2023

  Dear Subscriber:

  Thank you for choosing to keep your copy of Guardianship and Conservatorship Practice in Massachusetts current with this 2023 edition. Inside, you will find new material on such topics as the following:

  • Grounds for appointment of guardianships for adults. In chapter 4, find reference to a 2023 Appeals Court decision that upheld a Probate and Family Court's finding of incapacity where the seventy-eight-year-old respondent had a diagnosis of paranoid schizophrenia and refused to undergo blood testing or otherwise monitor her health for potential side effects of Zyprexa.

  • Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). Also in chapter 4, find a practice note explaining electronic signature requirements for pleadings under the UAGPPJA. The note references Probate and Family Court Standing Order 2-23.

  • Durable power of attorney. See chapter 2 for a practice note citing a 2022 case on the subject of expanding the powers under a durable power of attorney to encompass making gifts, creating trusts, and accessing digital assets.

  • Serving as a GAL. See chapter 11 for an updated list of practical steps. There is also a detailed checklist concerning a GAL's first inquiry of a case.

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

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

The Charging Process

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Thomas M. Hoopes, Esq., Libby Hoopes Brooks & Mulvey, P.C.
Elizabeth A. Keeley, Esq., Women's Lunch Place
Mark Tan Lee, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts

Chapter 2 expand

Arraignment

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Thomas M. Hoopes, Esq., Libby Hoopes Brooks & Mulvey, P.C.
Elizabeth A. Keeley, Esq., Women's Lunch Place
Mark Tan Lee, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts
Brian E. Murphy, Esq., Murphy & Rudolf, LLP

Chapter 3 expand

Effective Discovery Practice

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Brian A. Wilson, Esq., Boston University School of Law

Chapter 4 expand

Production of Third-Party Records—The Dwyer Protocol

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Hon. John P. Corbett,

Exhibit 4A

- Sample Rule 17 Motion Buy Form

Exhibit 4B

- Sample Rule 17 Affidavit Buy Form

Exhibit 4C

- Sample Motion to Disclose Privileged Records and Video to Expert Buy Form

Exhibit 4D

- Sample Motion in Limine to Use Presumptively Privileged Records at Trial Buy Form

Chapter 5 expand

Early Trial Preparation: An Overview

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

Chapter 6 expand

The Pretrial Conference, Pretrial Hearing, Final Pretrial Conference, and Pretrial Disposition

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Brian A. Wilson, Esq., Boston University School of Law

Chapter 7 expand

Substantive Motion Practice

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Michael L. Tumposky, Esq., Hedges and Tumposky, LLP

Exhibit 7A

- Motion to Suppress Evidence Obtained from WarrantlessSearch Buy Form

Exhibit 7B

- Affidavit in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy Form

Exhibit 7C

- Posthearing Memorandum in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy Form

Exhibit 7D

- Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy Form

Exhibit 7E

- Counsel’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy Form

Exhibit 7F

- Defendant’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy Form

Exhibit 7G

- Memorandum in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant (No Probable Cause) Buy Form

Exhibit 7H

- Memorandum in Support of Motion to Suppress Evidence (Search Warrant Based on Informant Information) Buy Form

Exhibit 7I

- Memorandum in Support of Motion to Suppress Evidence (Search Beyond the Scope of the Warrant) Buy Form

Exhibit 7J

- Motion to Suppress: Franks Hearing Buy Form

Exhibit 7K

- Affidavit in Support of Motion to Suppress: Franks Hearing Buy Form

Exhibit 7L

- Memorandum in Support of Motion to Suppress: Franks Hearing Buy Form

Exhibit 7M

- Motion to Suppress Evidence: Amral Hearing Buy Form

Exhibit 7N

- Affidavit in Support of Motion to Suppress Evidence: Amral Hearing Buy Form

Exhibit 7O

- Motion to Suppress Statements Buy Form

Exhibit 7P

- Affidavit in Support of Motion to Suppress Statements Buy Form

Exhibit 7Q

- Counsel’s Affidavit in Support of Motion to Suppress Statements Buy Form

Exhibit 7R

- Memorandum in Support of Motion to Suppress Statements Buy Form

Exhibit 7S

- Defendant’s Motion to Suppress Identification Buy Form

Exhibit 7T

- Affidavit in Support of Defendant’s Motion to Suppress Identification Buy Form

Exhibit 7U

- Memorandum in Support of Defendant’s Motion to Suppress Identification Buy Form

Exhibit 7V

- Defendant’s Motion to Sever Buy Form

Exhibit 7W

- Defendant’s Motion to Dismiss in the Interests of Justice Buy Form

Chapter 8 expand

Recurring Pretrial Issues

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Jeffrey A. Garland, Esq., Committee for Public Counsel Services

Chapter 9 expand

Interlocutory Appeals

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Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP
Bethany Stevens, Esq., Administrative Office of the District Court, Commonwealth of Massachusetts

Chapter 10 expand

The Media, the Open Courtroom and High Profile Cases

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Kevin M. Mitchell, Esq., Law Office of Kevin M. Mitchell
Max D. Stern, Esq., Todd & Weld LLP

Chapter 11 expand

Empaneling the Jury

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Alexa Pascucci, Esq., Northwestern District Attorney's Office, Commonwealth of Massachusetts
Thomas H. Townsend, Esq., Northwestern District Attorney's Office, Commonwealth of Massachusetts
Cynthia M. Von Flatern, Esq., Northwestern District Attorney's Office, Commonwealth of Massachusetts

Exhibit 11A

- Voir Dire Checklist of Issues to Consider Buy Form

Exhibit 11B

- Sample Defendant’s Voir Dire Questions (Drug Case) Buy Form

Exhibit 11C

- Sample Defendant’s Voir Dire Questions (Homicide) Buy Form

Chapter 12 expand

The Opening Statement

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Daniel Alexander, Brockton District Court, Commonwealth of Massachusetts
Hon. Michael A. Vitali, Brockton District Court, Commonwealth of Massachusetts

Exhibit 12A

- Opening Statement Checklist Buy Form

Chapter 13 expand

The Commonwealth’s Case

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Hon. Phyllis J. Broker, Woburn District Court, Commonwealth of Massachusetts
Kevin J. Reddington, Esq., Law Office of Kevin J. Reddington

Chapter 14 expand

The Defendant’s Case

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Hon. Phyllis J. Broker, Woburn District Court, Commonwealth of Massachusetts
Kevin J. Reddington, Esq., Law Office of Kevin J. Reddington

Chapter 15 expand

Evidentiary Issues

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Michael A. Collora, Esq.,
Alexandra Watson, Esq., Hogan Lovells LLP

Exhibit 15A

- Defense Counsel’s Motion in Limine Checklist Buy Form

Exhibit 15B

- Example Motion in Limine to Admit Testimony of Others as Evidence of State of Mind Buy Form

Exhibit 15C

- Sample Examination of a First Complaint Witness Buy Form

Chapter 16 expand

Forensic Evidence and Expert Witnesses

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Katherine E. McMahon, Esq., Hampden County District Attorney's Office, Commonwealth of Massachusetts
Shane T. O'Sullivan, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts

Chapter 17 expand

Specific Issues with Respect to Children

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Judith N. Cowan, Esq., The Law Office of Judith N. Cowan
Elizabeth G. Dineen, Esq., Bay Path College
Joel Rosen, Esq., Rosen & Goyal, PC

Chapter 18 expand

Special Trial Issues

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R.J. Cinquegrana, Esq., Choate Hall & Stewart LLP
Hon. Joshua I. Wall, Superior Court, Commonwealth of Massachusetts

Chapter 19 expand

The Closing Argument

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Daniel Alexander, Brockton District Court, Commonwealth of Massachusetts
Hon. Michael A. Vitali, Brockton District Court, Commonwealth of Massachusetts

Chapter 20 expand

Events at the End of Trial

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Juliane Balliro, Esq.,
Brett J. Vottero, Esq.,

Chapter 21 expand

The Verdict

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Juliane Balliro, Esq.,
Brett J. Vottero, Esq.,

Chapter 22 expand

Sentencing and Alternative Dispositions

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Benjamin L. Falkner, Esq., Krasnoo, Klehm & Falkner LLP

Exhibit 22A

- Sentencing Guidelines Grid Buy Form

Chapter 23 expand

Posttrial Events

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Kevin J. Curtin, Esq., Worcester District Attorney's Office, Commonwealth of Massachusetts
William H. Kettlewell, Esq., Hogan Lovells LLP

Exhibit 23A

- Postconviction Counsel’s Checklist for Padilla Motions Buy Form

Exhibit 23B

- Checklist for Filing an Appeal Buy Form

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Author(s)