Latest Case: Commonwealth v. Gosselin (Civil Rights)

Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

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Commonwealth v. Gosselin

Docket: SJC-11598

Opinion Date: November 19, 2020

Judge: Lowy

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

The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree, holding that Defendant failed to demonstrate that his trial counsel was ineffective and that the trial court did not err in denying Defendant's motion for a new trial. In this appeal, which the Supreme Court consolidated with the denial of Defendant's motion for a new trial, Defendant argued that his trial counsel was ineffective for not moving to suppress his optical records and his cell site location information. The Supreme Court affirmed, holding (1) Defendant's trial counsel provided effective assistance; (2) the trial court did not err in denying Defendant's motion for a new trial; and (3) there was no reason to vacate Defendant's conviction or to order a new trial pursuant to Mass. Gen. Laws ch. 278, 33E.