Thursday, May 31, 2012

United We Dream Network Campaign Raises Awareness

The New York Times reported that the United We Dream Network has launched a campaign to increase pressure on President Obama to act on preventing young illegal immigrants from being deported. The Dream Act, a proposal in Congress, would allow young illegal immigrants to obtain legal status in order to defer deportation and to attend college. Currently, many young illegal immigrants graduating high school are not able to enroll in college partly because they cannot apply for financial aid. Those who do graduate from college are then prevented from finding a job since they cannot legally work in the US.

The article stated that "The current proposal of the Dream Act would give legal status to foreign-born high school graduates who came to the United States illegally as children, if they complete two years of college or military service." President Obama has voiced his support for the Dream Act. However in 2010, the Act passed the House but did not pass through Senate due to opposition from the Republicans. For more on this story, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters 

DOMA is Unconstitutional, Says 1st Circuit Court of Appeals in Boston

The 1st Circuit Court of Appeals in Boston ruled that the Defense of Marriage Act (DOMA) is unconstitutional. DOMA is a federal law enacted in 1996 that defines marriage as the legal union between one man and one woman. The 1st Circuit Court of Appeals held that "a law that denies a host of federal benefits to gay married couples" is discriminatory, according to The Boston Globe.

President Obama announced in 2011 that the U.S. Department of Justice (DOJ) would not defend DOMA and whether it is constitutional in court. House Speak John Boehner led an effort to organize the Bipartisan Legal Advisory Group to defend DOMA in place of the DOJ.

For more on this breaking story, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters 

Wednesday, May 30, 2012

Commonwealth v. Flint: Judge Denies Motion For New Trial Due To Incomplete Record

In Commonwealth v. Flint, the Supreme Judicial Court of Massachusetts affirmed the lower court's judgments denying the defendant, Mark Carl Flint, his motion for a new trial. The SJC held that the trial judge properly conducted an evidentiary hearing to reconstruct the record from trial, as enumerated in Commonwealth v. Harris, 376 Mass. 74 (1978). The defendant had argued that he was denied his constitutional rights of due process, equal protection, and effective assistance of counsel because of the absence of a complete transcript of his trial. The guidelines in Harris state that "if the proceedings at trial can be sufficiently reconstructed and presented to the appellate court, a new trial is not constitutionally required when the transcript is not available through no fault of the parties." 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters

Friday, May 18, 2012

RMV Corrected on DUI Penalties

The Supreme Judicial Court unanimously stopped the Registry of Motor Vehicles from treating court matters which were dismissed as "Continued Without A Finding" as convictions for the purpose of penalizing drivers accused of driving under the influence of alcohol. The case was published yesterday as SOUZA vs. REGISTRAR OF MOTOR VEHICLES & another, SJC-11123. The court stated that the legislature did not change the definition of conviction when it passed Melony's Law, and the RMV can not expand the law for the purpose of suspending licenses.

Thursday, May 17, 2012

Massachusetts Marks Eighth Anniversary of Goodridge case

Massachusetts became the first state to legalize same-sex marriage eight years ago in the historic case Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003). MassEquality, a group that promotes marriage equality and the protection of LGBT rights, said 18,462 same-sex marriages have taken place in Massachusetts since May 17, 2004. For more on this story, click here

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters

Tuesday, May 15, 2012

Massachusetts Expands Program Targeting Illegal Immigrants

A federal program targeting illegal immigrants launched today in Massachusetts, allowing the Department of Homeland Security and the FBI to share arrestee fingerprints to expedite identification of illegal immigrants. The goal is to deport illegal immigrants who are arrested for crimes, including repeated violations of federal immigration law. The Secure Communities program does not give local police the authority to enforce immigration law, but Governor Deval Patrick believes the program will result in an increase of racial profiling cases and will promote fear in minority communities.

For more on this story from Boston.com, click here

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters

Rhode Island Gov. Announces Recognition of Out-of-State Same-Sex Marriages

CBS News reports that Governor Lincoln Chafee announced that Rhode Island will recognize out-of-state same-sex marriages, signing an executive order on Monday in a ceremony at the State House in Providence. Gay marriage is currently illegal in Rhode Island, but civil unions are allowed. The executive order paves the way for gay couples to be afforded the same legal rights as enjoyed by heterosexual couples. Gov. Chafee does not expect gay marriage to pass in the Rhode Island legislative session, but expressed that President Obama's announcement that he supports gay marriage is "positive momentum".

For more on this story, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters

Friday, May 11, 2012

First Circuit Holds Malicious Destruction Of Property Considered Crime Of Moral Turpitude

The First Circuit Court of Appeals determined that the crime of malicious destruction of property is a crime of moral turpitude for immigration purposes.   As a result, an immigrant convicted of this crime may be subject to deportation or exclusion from the United States depending upon the persons immigration status and criminal history.   The Court found "malicious destruction
of property in Massachusetts requires 'gratuitous, excessive violence purposefully designed to intimidate and overpower, or destructive acts that were by design and hostile to the owner of
the property, whoever that may have been.'"  Therefore it involves moral turpitude under the Immigration and Naturalization Act.  In this case, the criminal defendant had admitted to sufficient facts to establish that he had broken some glass and thrown some furniture around while drunk.

 Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters

Monday, May 7, 2012

New Updates to CORI Law Launch Today

The Boston Globe reported today that Massachusetts has updated its CORI system today to limit searches of criminal history to 10 years back, but allow for wider access for employers who use the system to screen potential employees. CORI - Criminal Offender Record Information - was passed in 1972 in order "to restrict dissemination of criminal histories to law enforcement agencies" and today it is a central registry where employers, landlords, and third party background screening companies have access to search the criminal backgrounds of potential volunteers and job applicants. 

Supporters of the new overhaul argue that limiting searches to 10 years back, with the exception of homicide and sex offense convictions, will allow "greater opportunities for offenders who stay out of trouble to reintegrate into society." Opponents argue that Massachusetts employers should not be restricted on what information they can access. However, the National Consumer Law Center reported that background screening companies often commit mistakes in their searches, resulting in matching people to crimes they did not commit, revealing sealed juvenile offense, and omitting important information about a case, according to the article. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters

Tuesday, May 1, 2012

Supreme Court Considers Whether Padilla Ruling Can Apply Retroactively

The United States Supreme Court will decide whether its ruling in Padilla v. Kentucky, that immigrant defendants are entitled to effective counsel in criminal cases applies retroactively to criminal cases decided before the 2009 Padilla ruling.   This is significant for immigrants who have criminal convictions before 2009 and whose defense counsel did not advise them of the important immigration consequences of a guilty plea.  The Supreme Judicial Court of Massachusetts ruled last year in Commonwealth v. Clarke that Padilla applied retroactively in Massachusetts and that criminal defendants who were not adequately advised of the immigration consequences of their plea may be entitled to a new trial.  However, the Supreme Court may now have the final say on the matter.   See Chaidez v. United States, No. 11-820.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptionsguardianshipsanimal law, or LGBT legal matters