Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

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Commonwealth v. Bohigian

Docket: SJC-12858

Opinion Date: November 13, 2020

Judge: Budd

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court vacated Defendant's convictions for operating a motor vehicle while under the influence of alcohol (OUI) causing serious bodily injury and misleading an investigator, holding that errors at trial required that Defendant's convictions be vacated and the matter remanded for a retrial. Specifically, the Supreme Judicial Court held (1) the plain language of the relevant statutes makes clear that blood alcohol level testing shall not be done absent consent, and any nonconsensual testing done at the police's direction is inadmissible; (2) because Defendant's blood draw was performed without Defendant's actual consent, the blood draw was impermissible and the blood alcohol content test results were improperly admitted at trial, and the tainted evidence was not harmless beyond a reasonable doubt; and (3) the trial judge erred by failing to make an independent determination regarding the voluntariness of Defendant's statements and by failing to give a humane practice instruction to the jury, and the error created a substantial risk of a miscarriage of justice.