Case Results of William S. Smith

Schecter v. Schechter, 88 Mass. App. Ct, 239 (2015) (Massachusetts Appeals Court, September 9, 2015) Landmark case in which the Appeals Court overturned the probate court’s prior order against our client’s parental rights, holding that a probate court judge may not unilaterally delegate to the custodial parent the decision of whether that custodial parent may remove the couple’s child out of Massachusetts.

Attorney Smith successfully defended a client in an exceedingly challenging operating under the influence (drunk driving) case involving a major automobile accident. Attorney Smith was able to keep his client’s blood alcohol content test results (which were high) taken at the hospital from being introduced against him at trial. He argued to the judge that the Commonwealth had violated discovery rules and thus should not be allowed to introduce them. The judge agreed. He also successfully argued that all evidence obtained by the prosecutors as a result of a motor vehicle accident reconstruction that had been conducted by the police was inadmissible. Result: Client found NOT GUILTY at trial!

Attorney Smith’s client, when represented by a different lawyer, had been convicted of first degree murder after jury trial, receiving a mandatory life sentence without parole. Attorney Smith then represented the client in her appeal to the state’s highest court. Result: Conviction overturned and client awarded a new trial.

Attorney Smith’s client was charged with operating under the influence of alcohol 2nd offense and negligently operating a motor vehicle so as to endanger. The police said the breathalyzer results were that our client’s blood alcohol was .16 (twice the legal limit), that our client was staggering after exiting the car when ordered to do field sobriety tests, that our client failed those tests and more. Attorney Smith filed and litigated a motion to exclude the breathalyzer results, which the judge allowed. Then, he took the case to jury trial. Result: Not guilty verdicts on all charges.