Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of the Massachusetts District Court Criminal Defense Manual . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the issues addressed in the 2023 Edition include:

  • the circumstances under which an accused is entitled to a clerk's hearing before the issuance of a criminal complaint;

  • a finding of ineffective assistance of counsel where a racist attorney purported to represent a Black client of Muslim faith;

  • the permissible scope of conditions of release;

  • the scope of pretrial detention authorized by G.L. c. 276, § 58A, and in particular a Supreme Judicial Court hold-ing that neither manslaughter nor assault and battery with a dangerous weapon involve the type of force for which detention would be warranted under the statute;

  • a newly added discussion of lack of criminal responsibility;

  • Supreme Judicial Court guidance on the evidentiary significance of the defendant's rap lyrics;

  • an addition to the mental health statute allowing prisoners to petition for transfer to a Department of Mental Health facility or Bridgewater State Hospital if they have been on mental health watch for seventy-two hours or are at serious risk of imminent and serious self-harm;

  • circumstances under which hearsay is considered substantially reliable for purposes of involuntary civil commit-ment hearings under G.L. c. 123, § 35;

  • discovery sought to support a claim of selective prosecution;

  • the sufficiency of affidavits offered in support of substantive motions;

  • challenges to gun charges based on the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022); and

  • recent developments in the law on voir dire and the use of peremptory challenges.

  We trust you will find this updated version of the Massachusetts District Court Criminal Defense Manual an invaluable resource for your practice.

  Cordially,

  John M. Lawlor, Esq. MCLE Publications Attorney

• Update: August 2021

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2021 supplement to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision and supplement we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This supplement addresses practice challenges arising from the COVID-19 pandemic (such as speedy trial rights) and also features:

  • a new discussion of GPS monitoring as a condition of release (See Chapter 8: Detention Hearings);

  • a heavily refreshed chapter that provides an introduction to the substantive and procedural aspects of representing defendants with mental disabilities (see Chapter 9: Mental Health Considerations at Arraignment and Beyond); and

  • guidance on motions to challenge racial profiling pursuant to Commonwealth v. Long (see Chapter 10: Pretrial Conferences, Pretrial Hearings, and Discovery and Chapter 11: Substantive Motion Practice).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: July 2019

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2019 revision to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This edition features fresh perspectives from ten new authors. Highlights include:

  • a new chapter on building a relationship with your client (see Chapter 3);

  • practical insight on developing the theory of the case (see Chapter 4);

  • added discussion of the defenses of mere presence and personal use (see Chapter 5);

  • new guidance on motions to sever (see Chapter 11); and

  • a combined chapter on the intertwined topics of plea negotiations and sentencing (see Chapter 16).

  We at MCLE trust that you will find these new materials useful in your defense 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

Chapter 1 expand

Practical Steps in Handling an Estate Planning Matter

Buy Chapter

Jennifer T. Fleming, Esq., Prince Lobel Tye LLP

Exhibit 1A

- Estate Planning Questionnaire Buy Form

Exhibit 1B

- Sample Correspondence Buy Form

Chapter 2 expand

Estate, Gift, and Generation-Skipping Transfer Taxes

Buy Chapter

Patricia M. Annino, Esq., Rimon, PC
Eric D. Karlberg, Esq., BNY Mellon Wealth Management
Christopher D. Perry, Esq., The Northern Trust Company
Michelle M. Porter, Esq., Goulston & Storrs, PC
Andrew D. Rothstein, Esq., Goulston & Storrs, PC
Helen H. Stewart, Esq.,

Chapter 3 expand

Fundamental Testamentary Planning

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Thomas E. Bator, Esq., Pratt, Bator & Popov LLP
Tracy A. Craig, Esq., Seder & Chandler
William N. Friedler, Esq., Verrill Dana LLP
Janet Wilson Moore, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Evelyn V. Moreno, Esq., Nixon Peabody LLP
Lisa M. Neeley, Esq., Rubin and Rudman LLP
Jeffrey W. Roberts, Esq., Nutter McClennen & Fish LLP
Michael J. Simolo, Esq., Fierst Bloomberg Ohm LLP
Jon E. Steffensen, Esq., McLane Middleton

Exhibit 3A

- Pour-Over Will Provision: Pour-Over Residue to Own Trust Buy Form

Exhibit 3B

- Pour-Over Will Provision: Residue to Other Person’s Trust Buy Form

Exhibit 3C

- Marital Deduction/Generation-Skipping Trust Buy Form

Chapter 4 expand

Marital Deduction Planning and Drafting Techniques

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Jon E. Steffensen, Esq., McLane Middleton

Exhibit 4A

- 26 U.S.C. § 2011 Credit for State Death Taxes Buy Form

Chapter 5 expand

Lifetime Asset Transfers

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Tracy A. Craig, Esq., Seder & Chandler
Allen J. Falke, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Melissa Langa, Esq., Bove & Langa, PC
Molly R. Soiffer, Esq., Bove & Langa, PC

Exhibit 5A

- Section 2503(c) Trust Buy Form

Exhibit 5B

- Sample Crummey Trust Buy Form

Chapter 6 expand

Charitable Giving Outright and in Trust

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Mark M. Christopher, Esq., Goulston & Storrs, PC

Exhibit 6A

- IRS Revenue Procedures Issuing Sample CRT Forms Buy Form

Chapter 7 expand

Life Insurance and Estate Planning

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Robert L. Arone, Esq., Orsi Arone Rothenberg & Turner LLP
Richard P. Breed, III, Esq., Tarlow, Breed, Hart & Rodgers, PC
William D. Kirchick, Esq., Nutter McClennen & Fish LLP
Alan S. Novick, Esq., Novick Law Offices
Ralph J. Rotman, CLU, Northwestern Mutual Financial Network

Exhibit 7A

- Unilateral Buyout Agreement Buy Form

Exhibit 7B

- Split-Dollar Insurance Agreement Buy Form

Exhibit 7C

- Crummey Instructions and Notice Buy Form

Chapter 8 expand

Advance Medical Directives: Living Wills, Durable Powers of Attorney, and Health-Care Proxies

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Sheryl J. Dennis, Esq., Fields and Dennis LLP
Vicki L. Shemin, Esq., Fields and Dennis LLP

Checklist 8.1

- Health Care Proxy Checklist Buy Form

Exhibit 8A

- Living Will Buy Form

Exhibit 8B

- Durable Power of Attorney Buy Form

Exhibit 8C

- Health Care Proxies Buy Form

Exhibit 8D

- Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) Buy Form

Chapter 9 expand

Estate Planning for Retirement Benefits

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Robert G. Holdway, Esq.,

Exhibit 9A

- Uniform Lifetime Table Buy Form

Exhibit 9B

- Sample Basic Beneficiary Designation Buy Form

Exhibit 9C

- Single Life Table Buy Form

Exhibit 9D

- Distribution Period Buy Form

Chapter 10 expand

Basic Strategies to Preserve and Protect the Family Business

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Luke C. Bean, Esq., Rico, Murphy, Diamond & Bean LLP
Lisa M. Rico, Esq., Rico, Murphy, Diamond & Bean LLP
Judith A. Saxe, Esq., CIBC Private Wealth Management

Chapter 11 expand

Medicaid and Creditor Protection Trusts

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John J. Bowe, Jr., Esq., John J. Bowe, Attorney at Law, P.C.

Chapter 12 expand

Marital Agreements

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Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Checklist 12.1

- Prenuptial Agreement Checklist Buy Form

Checklist 12.2

- Postnuptial Agreement Checklist Buy Form

Checklist 12.3

- Separation Agreement Checklist Buy Form

Chapter 13 expand

Estate Planning for Unmarried Couples

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Donna M. Turley, Esq., Turley LLC

Chapter 14 expand

Planning for Incapacity

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Susan K. McClements, Esq.,

Exhibit 14A

- Language Defining Incapacity Buy Form

Exhibit 14B

- Special Clauses for Durable Power of Attorney Buy Form

Exhibit 14C

- Escrow Agreement Buy Form

Exhibit 14D

- Durable General Power of Attorney Buy Form

Exhibit 14E

- Affidavit Regarding Power of Attorney (REBA Form 1) Buy Form

Exhibit 14F

- Sample Health-Care Proxy Buy Form

Exhibit 14G

- HIPAA Release Form Buy Form

Exhibit 14H

- Additional Resources Buy Form

Chapter 15 expand

Estate Planning for Same-Sex Couples: Selected Issues

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Thanda Fields Brassard, Esq., Fiduciary Trust Company

Chapter 16 expand

Same-Sex Marriage, Divorce, and Estate Planning Issues

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Lisa M. Cukier, Esq., Burns & Levinson LLP
Andrea E. Nelson, Esq., Burns & Levinson LLP

Checklist 16.1

- Adoption Checklist: Coparent Adoption (Where One or Both Parties Are Already Legal Parents to Child) Buy Form

Checklist 16.2

- Known Donor Checklist for Married Same-Sex Couples Buy Form

Checklist 16.3

- Adoption Checklist—Private Domestic or International Adoption Buy Form

Checklist 16.4

- Alternate Routes to Parentage Buy Form

Checklist 16.5

- Guardian ad Litem Initial Questions (When Ascertaining Whether to Propose or Agree to GAL) Buy Form

Exhibit 16A

- Joint Representation Consent Buy Form

Exhibit 16B

- Motion to Waive Six-Month Residency Requirement Buy Form

Exhibit 16C

- Motion to Waive Notice [to Be Filed Where Child Conceived Prior to Marriage or Nonmarital] Buy Form

Exhibit 16D

- Affidavit [to Be Filed Where Child Conceived During Marriage] Buy Form

Exhibit 16E

- Motion to Waive Home Study Buy Form

Exhibit 16F

- Affidavit of Parents Buy Form

Exhibit 16G

- Form R-891S: Certificate of Adoption Buy Form

Exhibit 16H

- Complaint to Establish Parentage and Support Memorandum Buy Form

Exhibit 16I

- Client Intake Checklist for Dissolutions/Divorce and Potential Issues Buy Form

Exhibit 16J

- Complaint in Equity for Dissolution of Civil Union Buy Form

Exhibit 16K

- Health-Care Proxy Buy Form

Exhibit 16L

- Authorization for Release of Protected Health Information Buy Form

Exhibit 16M

- Massachusetts Health-Care Proxy Information, Instructions, and Form Buy Form

Exhibit 16N

- DNR Order Verification Buy Form

Exhibit 16O

- Durable Power of Attorney Buy Form

Exhibit 16P

- Statement Concerning Durable Power of Attorney Buy Form

Exhibit 16Q

- Will Buy Form

Exhibit 16R

- Declaration as to Remains Buy Form

Exhibit 16S

- Voluntary Acknowledgment of Parentage Buy Form

Chapter 17 expand

Postmortem Estate Planning

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Clifford R. Cohen, Esq., Burns & Levinson LLP
George L. Cushing, Esq., McLane Middleton
Eric P. Hayes, Esq., Goodwin Procter LLP
Colin M. Korzec, Esq., Bank of America, Private Bank
Karen L. Witherell, Esq., Bove & Langa, PC

Checklist 17.1

- Checklist for Disclaimers Buy Form

Exhibit 17A

- Disclaimer of Survivorship Interest in Joint Property and of Powers as Beneficiary and Trustee of Trust Buy Form

Exhibit 17B

- Disclaimer of an Interest in Real Estate Buy Form

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Ethics Editor(s)

Author(s)