Appeals
Commonwealth v. A.P. – Massachusetts Court of Appeals
Commonwealth v. A.P.
Massachusetts Court of Appeals
Docket No. 2023-P-0581
ATTORNEY PATRICK J. NOONAN WINS APPEAL REVERSING CONVICTIONS FOR DRUG TRAFFICKING, POSSESSION WITH INTENT TO DISTRIBUTE AND UNLAWFUL POSSESSION OF A FIREARM
Police received information from a confidential informant that the defendant was distributing drugs from his apartment in Brockton. The confidential informant engaged in two controlled purchases of drugs from the defendant at his apartment in Brockton. The police obtained a search warrant to search the defendant’s apartment. Police executed the search warrant when the defendant was inside his apartment and they located 521 grams of cocaine, 45 grams of cocaine, 10 grams of heroin, 111 amphetamine pills, 64 oxycodone pills, anabolic steroids, human growth hormone, a loaded .22 caliber pistol, a hydraulic press, scales, and packaging material. The Defendant was convicted of five indictments, including drug trafficking, possession with intent to distribute, and unlawful possession of a firearm and he was sentenced to serve 3.5-5 years in state prison. Upon appeal, Attorney Patrick J. Noonan argued that the search warrant was unconstitutional and failed to satisfy the particularity requirements because the warrant described the items to be seized as “all controlled substances under Chapter 94C. The Appeals Court agreed, and the Defendant’s convictions were reversed and he was released from custody.
Commonwealth v. J.S. – Massachusetts Court of Appeals
Commonwealth v. J.S.
Massachusetts Court of Appeals
104 Mass. App. Ct. 1110 (2024)
AFTER THE DEFENDANT PLED GUILTY TO DRUNK DRIVING AND WAS CONVICTED, ATTORNEY PATRICK J. NOONAN WINS APPEAL ON GROUNDS OF EGREGIOUS GOVERNMENT MISCONDUCT. THE DEFENDANT’S CONVICTION IS VACATED. WE ARE NOW MOVING FOR TRIAL.
The defendant, represented by another attorney, admitted to sufficient facts and tendered a plea on an offense charging him with Operating under the Influence of Liquor. Defendant took a breath test showing that his blood-alcohol-content was three times over the legal limit. Because there was no chance of winning at trial with such a high breathalyzer result, Defendant pled out to the OUI charge. The plea resulted in the client’s termination from a government position. The client hired Attorney Patrick J. Noonan and Attorney Scott Martin to vacate his conviction. We filed a motion to withdraw his plea based on the recent litigation surrounding the government’s misconduct in withholding exculpatory breath test records, as well as a recent decision finding that breath test results, generated within a particular timeframe, were inadmissible due to issues of scientific reliability and the government’s misconduct in handling breath test records. The judge denied our motion, finding that there was no evidence of egregious government misconduct. The judge also found that – even if the breath test result was excluded from evidence – the Defendant would not have gone to trial because the evidence of his intoxication was overwhelming. We won on appeal. The Appeals Court found that there was a conclusive presumption that the Commonwealth engaged in government misconduct at the time of the Defendant’s breath test. Further, the Appeals Court found that we established a reasonable probability that the Defendant would have gone to trial had he known that the breath test evidence would not have been introduced against him. On appeal, the Commonwealth argued that there was no reasonable probability that the Defendant would have insisted on a trial because the police report contained overwhelming evidence that the client was intoxicated. We argued that a person’s decision to insist on a trial is a unique, individualized decision. Here, the Defendant would have insisted on a trial because an acquittal would allow him to keep his government job. Most attorneys would not try an OUI case if a police report contains strong evidence of intoxication. However, Attorney Noonan and Attorney Martin are not your typical attorneys because we try difficult cases all the time and win acquittals despite there being strong evidence of our client’s guilt. The client’s plea and conviction were vacated. The case was remanded to the district court for further proceedings. At this point, we are intending to try the case in hopes of an acquittal.
Commonwealth v. B.D., and others – Massachusetts Appeals Court
Commonwealth v. B.D., and others
Massachusetts Appeals Court
104 Mass. App. Ct. 161 (2024)
IN A HIGH-PROFILE CASE, ATTORNEY PATRICK J. NOONAN WINS APPEAL AFFIRMING THE DISMISSAL OF SEX-TRAFFICKING CHARGES AGAINST FIVE DEFENDANTS.
Five Defendants were charged with Trafficking a Person for Sexual Servitude pursuant to G.L. c. 265, §50(a), which carries a minimum-mandatory prison sentence of 5 years. The police placed an advertisement online posing as prostitutes. The advertisement listed the sexual services offered by the fictitious prostitute and contained a phone number for the prostitute. Defendants contacted the phone number, believing that they were communicating with a prostitute. In reality, Defendants were speaking to an undercover officer, posing as the prostitute. Defendants exchanged text messages with the undercover officer where they discussed the payment of money in exchange for sexual services. The undercover officer instructed the Defendants to meet at a hotel for the exchange. When each Defendant arrived at the hotel, they were arrested. Attorney Patrick J. Noonan was successful in convincing the Superior Court to dismiss the sex-trafficking charges for lack of probable cause and the Commonwealth appealed the dismissal to the Massachusetts Court of Appeals. Attorney Noonan argued the case for the Defendants on appeal. The Appeals Court agreed with Attorney Noonan that the Defendants conduct did not constitute sex-trafficking and the order dismissing the sex-trafficking charges was affirmed. This case was published in Massachusetts Lawyers Weekly for its significance.
Commonwealth V. M.T.
Mass. Appeals Court
Docket No.: 2022-J-0555
Commonwealth v. M.T.
DEFENDANT WAS CONVICTED AFTER A TRIAL AND SENTENCED TO SERVE 6 MONTHS IN JAIL. DEFENDANT WAS IMMEDIATELY TAKEN INTO CUSTODY. ATTORNEY PATRICK J. NOONAN PERSUADES APPEALS COURT TO STAY THE EXECUTION OF HIS SENTENCE PENDING APPEAL. CLIENT IS RELEASED WHILE HIS APPEAL IS PENDING.
Defendant was found guilty, after a bench trial, of Larceny over $1,200 by False Pretense (G.L. c. 266, §30), a felony offense. The judge sentenced the Defendant to serve six (6) months in jail, and the Defendant was immediately taken into custody when he was sentenced. Defendant’s incarceration seriously affected his life, his business, and the custody of his minor children. Attorney Noonan requested that the Trial Judge stay the execution of his sentence, which was denied. Attorney Noonan appealed.
Result: Attorney Patrick J. Noonan filed a motion in the Appeals Court to stay the client’s sentence and release him from custody while he appeals his conviction. After a hearing, the Appeals Court agreed with Attorney Noonan that the Defendant did not present any security precautions (if released) and the Defendant had solid grounds to appeal his conviction. The client has been released. Attorney Noonan has appealed the conviction and we are awaiting a hearing in the Appeals Court.
Plaintiff vs. Police Department
CLIENT’S APPLICATION FOR A LICENSE TO CARRY FIREARMS WAS DENIED FOR COMPLETING THE APPLICATION FORM UNTRUTHFULLY, BUT ATTORNEY PATRICK J. NOONAN PERSUADES THE POLICE DEPARTMENT TO ISSUE HIS CLIENT AN LTC AFTER AN APPEAL.
The client is a 55 year-old professional truck driver. The client applied for a License to Carry Firearms, which was denied, because the police department determined that the client filled out the application form untruthfully. The police department alleged that the client was untruthful when answering questions about his criminal history. The police department alleged that the client failed to disclose criminal charges on his criminal record in his application.
Result: Attorney Patrick J. Noonan appealed the police department’s denial of the client’s application for an LTC arguing that the client did not deliberately conceal his criminal record, but simply misunderstood the question. The client and his wife submitted statements explaining how they misunderstood the question when completing the application. During the appellate proceedings, through negotiations with legal counsel for the police department, the police department allowed the client to resubmit a new application and to disclose everything pertaining to his criminal record. The client resubmitted a new application and the police department issued him a License to Carry Firearms.
Commonwealth v. M.C. – Taunton District Court
CLIENT SEEKING U.S. CITIZENSHIP WAS CONVICTED IN 1989 OF A DEPORTABLE OFFENSE BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED. CLIENT CAN NOW REPORT TO IMMIGRATION THAT HE HAS NO CONVICTIONS ON HIS RECORD.
Client, is a 47 year-old Brockton resident, a happily married man, and father of 5 children. He is college educated and has a successful business as a Certified Real Estate Appraiser. He was born in Cape Verde and came to the U.S. when he was 10 years old. His wife and children are U.S. citizens but he is not a U.S. citizen. He has been a permanent residence and green card holder. It has been his lifelong dream to become a U.S. citizen. Client contacted Attorney Patrick J. Noonan because he was concerned about a prior felony conviction affecting his application for U.S. citizenship. In 1989, client was convicted of Burning Property with Intent to Defraud Insurance Company. It was alleged that the client burned his own vehicle in an attempt to recover money from his insurance company. According to federal law (8 U.S.C.A. §1227(2)(A)), Burning Property with Intent to Defraud an Insurance Company is considered a crime of moral turpitude and is a deportable offense. “Any alien who is convicted of a crime involving moral turpitude is deportable.
Result: Client was concerned that his prior conviction for a deportable offense would affect his ability to become a U.S. citizen. Client had contacted other Attorneys who did not provide him with any confidence that anything could be done. Client contacted Attorney Patrick J. Noonan in desperation hoping that something could be done. Attorney Patrick J. Noonan told the client that he could try to get his felony conviction “vacated” and “dismissed” so that he could go into his immigration meeting with a record of no convictions. Attorney Patrick J. Noonan obtained the court records and discovered that the court did not give him an alien warning when he pled guilty to the charge. Pursuant to G.L. c. 278, §29D, judge’s must warn a Defendant who is pleading guilty, or taking another disposition, of the immigration consequences of that plea. Failure to provide such a warning may provide grounds for a motion to vacate the conviction. Attorney Patrick J. Noonan dug deeper and tried to find as much evidence surrounding the crime as possible. It was discovered that the client made all his car insurance payments and the insurance company did not pay anything out to the client. Therefore, the client could not have had the intent to defraud the insurance company because the insurance company did not suffer any financial loss. The facts were more consistent with the crime of Malicious Burning of Personal Property, which does not involve fraud. Attorney Patrick J. Noonan filed a Motion to Vacate his client’s conviction, which was allowed by the Judge and the case was dismissed. Now, the client has no conviction on his record.
Commonwealth v. V.P. – Orleans District Court
CLIENT WAS FOUND GUILTY OF A FELONY AFTER A TRIAL IN 1980 BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED AND DISMISSED.
The Client is a 63-year-old former carpenter from Dennis who remains disabled from a bad work-related accident. In 1980, when the Client was 26 years-old, he was charged with felony larceny for allegedly stealing trees and shrubs from a Nursery in Dennis. The Client went to trial and was found guilty of the felony larceny. The client, an avid hunter, has been a gun owner since he was 17 years-old. He has had a Firearms Identification Card (FID Card) since age 17 and has renewed his FID Card for the past 46 years with no issues. The Client was concerned that his FID Card would be denied for renewal because of the old felony conviction.
Result: Attorney Patrick J. Noonan filed a Motion to Vacate his client’s Conviction arguing that: there was insufficient evidence that the larceny was a felony because the value of the stolen property was not clearly proven, the client had a viable Motion to Dismiss because the stolen property was never recovered despite police executing a search of the client’s home, and trial judge may have committed error in permitting the client to be represented at trial by his co-defendant who was acting pro se. Prior to any hearing on the Motion to Vacate Conviction, Attorney Noonan had a conversation with the District Attorney’s Office who agreed to vacate the client’s conviction and enter a dismissal. Attorney Noonan then filed a new Motion to Vacate Conviction that was agreed to by the parties. The Judge allowed the Motion to Vacate and entered a dismissal, as requested by both parties.
Commonwealth v. L.A. – Brockton District Court
ATTORNEY PATRICK J. NOONAN CONVINCES A JUDGE TO VACATE AN OLD CONVICTION FOR A CRIME AGAINST THE PUBLIC JUSTICE AND THEN SUCCESSFULLY PETITIONS THE COMMISSIONER OF PROBATION TO SEAL IT FROM HIS CLIENT’S RECORD.
Client is a 70 year-old accountant, grandmother, and former drug-addict who had an old felony conviction from 1984 for smuggling drugs into a prison. The client had turned her life around but was always haunted by her past. Back in the 1980s, client had a terrible drug addiction. In 1984, she was arrested for attempting to smuggle cocaine into a prison for an inmate. She was convicted of the serious felony offense of Giving a Prisoner a Controlled Substance. That was the last time the client ever had any involvement with police or the court system. She committed herself to treatment and lived a life of sobriety ever since. She went back to school and earned a degree in Accounting and graduated at the top of her class with Highest Honors. She has been employed as an Accountant for over 30 years and has held the same job for nearly 15 years. Despite the remarkable turnaround in her life, she was always haunted by her old felony conviction, which was a constant reminder of her past. She petitioned the Commissioner of Probation in Boston to seal the felony conviction from her record. Regrettably, she was informed that the conviction was non-sealable because it was a Crime against the Public Justice. Her only hope was to have the felony conviction vacated, which she believed was impossible. Other attorneys told her that convincing a judge to vacate a conviction for this charge would be very difficult. In a leap of faith, she contacted Attorney Patrick J. Noonan who agreed to take on the case.
Result: Attorney Patrick J. Noonan made a compelling argument to a Judge of the Brockton District Court to vacate his client’s felony conviction. In a rare case, the Judge entered an order and vacated a conviction for a Crime against the Public Justice. With the conviction vacated, the Commissioner of Probation agreed to seal the charge from the client’s record.