Date & Time: Wednesday, September 30, 2025 from 4:00 p.m. – 6:00 p.m. ET
Webinar Fee: $65

CPCS Credit is pending

with Hon. Richard G. Stearns, U. S. District Court, District of Massachusetts. Judge Stearns is a former Massachusetts Superior Court judge and the author of the MASSACHUSETTS CRIMINAL LAW: A PROSECUTOR'S GUIDE – now in it’s 43rd year!

As in his past lectures, Judge Stearns will focus on the criminal law decisions of the Supreme Judicial Court with occasional comparisons with the few pertinent U.S. Supreme Court cases decided in this last term. While (as of the time of this description) Judge Stearns has not singled out any of what he would consider “blockbuster” cases, he has identified several procedural and legal decisions taken by the Court that he believes are of enduring significance. He will also discuss several policy topics, including the cautious approach the SJC has taken towards the Governor and the Legislature in advocating on issues such as the dismal compensation of bar advocates. He will also comment on what he believes is a developing frustration on the part of the SJC with the state District Attorneys over the issues of exculpatory evidence and ethical conduct.

Judge Stearns will begin with what he believes to have been the most important development in trial practice during the past year; namely the adoption of the new Massachusetts Criminal Procedure Rule 14 and its four appended sub-chapters. As Judge Stearns will explain, the new Rule substantially increases the burden on prosecutors to disclose evidence expansively defined as exculpatory on a very tight and demanding time frame.

Judge Stearns will also discuss a wide range of cases that he believes are of enduring legal importance on topics that include:

• The reframing of the Adjutant first-aggressor-evidence rule.
• The sharpening of the focus on differences between Massachusetts and federal law on application of the search-incident-to-arrest exception to the warrant requirement.
• The continuing rippling after-effects of the 2024 Act Modernizing Firearms Laws.
• Newly required jury instruction directed to the reliability of the testimony of incarcerated informant witnesses.

Judge Stearns will also critique cases, such as Commonwealth v. Oliver which he believes misstates the elements of the crime of uttering and Commonwealth v. Du, which he deems to further muddy the issue of the proper suppression of wiretap evidence under the Massachusetts two-party consent statute.

United States Supreme Court cases decided during this last term are not in Judge Stearns’s view likely to have a great impact on Massachusetts law as the Supreme Court was preoccupied with matters principally of federal interest such as the federal prosecution of financial crimes under the mail and wire fraud and false statements statutes and sentencing issues arising under the career criminal provisions of the federal sentencing guidelines. Judge Stearns will briefly discuss the United States Supreme Court’s Diaz decision and its implications for expert opinion testimony on ultimate issues of criminal intent and VanDerStok, which perhaps surprisingly rejected a Second Amendment challenge to the Biden Administration requirements that “ghost guns” be stamped with serial numbers and that their purchasers undergo background checks.

The views and opinions expressed in programs offered by the Social Law Library are those of the speakers and do not necessarily reflect the views or positions of the Library. Online registration is encouraged. For assistance, questions on group discounts, accommodations requests, special billing, program content, out-of-state CLE credits, and general contact CLE Coordinator, Michael Saporito by email at msaporito@socialaw.com. Registrations accepted in order of receipt. Registration fees are non-refundable. Most Social Law Library CLE events are recorded and recordings are sent to all who are registered. The recording is available by digital download, generally within a week after the program date. CLE credit, when applicable, is only granted when 80 % of the live webinar is attended. To insure getting the video, please register.