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Attorney O'Meara specializes in bringing appeals of criminal convictions before the Massachusetts Appeals Court and the Federal First Circuit of Appeals.
Attorney O'Meara has been litigating criminal appeals and other post-conviction actions for over 30 years. He will use this experience to thoroughly review your case and focus on those post-conviction issues that have the greatest chance for success before a court of appeals. As discussed below, Attorney O'Meara has a proven record of success.
Attorney O'Meara's law practice over the last 30 years has been focused entirely on provided convicted defendants with representation in the Massachusetts Appeals Court and the Federal First Circuit of Appeals. He is an active member of the Boston Bar Association, the Massachusetts Bar Association and the Massachusetts Association of Criminal Defense Lawyers. Attorney O'Meara also has significant experience in Massachusetts trial courts.
Massachusetts Appeals Court
Attorney O’Meara has represented over two hundred defendants in the appeal of their District Court and Superior Court convictions in Massachusetts.
One of his cases worthy of note was Commonwealth v. Hall, 80 Mass. App. Ct. 317(2011), which was cited by the Flaschner Judicial Institute in Flaschner Judicial Institute Appellate year in Review 2011-2012, as one of the “significant criminal decisions” for 2011-2012. In this case, the defendant’s conviction, which involved an enticement charge, was overturned by the Appeals Court.
Also of note were successful challenges in two “Melendez-Diaz” cases in the Massachusetts Appeals Court: Commonwealth v. Dung Le, Appeals Court No. 2007-P-1746, and Commonwealth v. Pippen, Appeals Court No. 2008-P-0038. These successful challenges, which resulted in both defendants’ convictions being overturned, involved challenges to the misconduct by the state’s crime labs in analyzing alleged drug samples and the reporting of false lab results to state prosecutors.
First Circuit Court Of Appeals
Attorney O’Meara has also represented numerous defendants seeking to overturn their federal convictions. One of these cases, United States v. Cotto, U.S. Court of Appeals No. 03-1477, was significant in setting a legal precedent that bartering a weapon in exchange for drugs was not the same as “using” a weapon in the commission of a drug crime under federal law. The United States Supreme Court agreed to review the case, and ultimately vacated the defendant’s judgment.
Attorney O’Meara has also been successful in securing reduced sentences in several federal cases on appeal. One of those cases, U.S. v. David MacKinnon, U.S. Court of Appeals No. 03-2219, was one of the first successful challenges to the Federal Sentencing Guidelines in the First Circuit. In this appeal, Attorney O’Meara successfully asserted that there was adequate basis for a sentencing judge to depart from the applicable Guideline level based on the unique factual circumstances and mitigating sentencing factors present in this case. See 401 F.3d 8(1st Cir. 2005).
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