John A. MacFadyen, Esq. Criminal Defense Lawyer- Providence

John A. ("Terry") MacFadyen has been litigating in state and federal courts for more than thirty years at both the trial and appellate levels. He specializes in devising strategies for clients involved in complex civil and criminal trials, and in pursuing civil and criminal appeals. He is often asked for advice on ways to avoid litigation. At the other end of the adversarial process, he has briefed and argued hundreds of appeals, including cases in the Supreme Court of Rhode Island, the First Circuit Court of Appeals and the United States Supreme Court.

Mr. MacFadyen has played a role in many of Rhode Island's most significant legal cases. He has represented a governor, the Supreme Court of Rhode Island, the Rhode Island General Assembly, mayors of Rhode Island cities, a Brown University official, a Speaker of the House of Representatives, one of the parties charged in the Station nightclub fire, shipping companies and executives in the World Prodigy and North Cape oil spill cases, and a Newport socialite accused of attempting to murder his wife, among others.

John MacFadyen recently wrote and argued the lead brief in State v. Lead Industries Association, et al., 951 A.2d 428 (R.I. 2008), in which the Supreme Court of Rhode Island reversed and vacated a multi-billion dollar verdict against his client following the longest and most complex civil trial in Rhode Island's history.

He also successfully overturned a hospital executive's conviction for honest services mail fraud in United States v. Urciuoli, et al., 513 F.3d 290 (1st Cir. 2008), leading to her acquittal on retrial late in 2008.

Mr. MacFadyen's first case in the United States Supreme Court in 1980 had a landmark effect, setting the national standard for custodial interrogations. Rhode Island v. Innis, 446 U.S. 291 (1980).

In 1985, Mr. MacFadyen was co-counsel in State v. von Bulow, 475 A.2d 995 (R.I. 1984), cert. denied, 469 U.S. 875 (1984), winning the reversal of Mr. von Bulow's conviction for the attempted murder of his wife, Sunny, and setting the stage for Mr. von Bulow's subsequent acquittal on retrial.

In 1992, Mr. MacFadyen represented Ann McMaugh, a battered woman convicted of jointly carrying out a murder with her husband while under his control. On appeal of a post-conviction application, Mr. MacFadyen persuaded the Court to recognize the battered woman's syndrome for the first time in Rhode Island's history. State v. McMaugh, 612 A.2d 725 (R.I. 1992).

In 1996, representing the Rhode Island General Assembly before the First Circuit Court of Appeals, Mr. MacFadyen won recognition of the legality of the Assembly's restriction on private lobbying on the House floor. National Assoc. of Social Workers v. Harwood, 69 F.3d 622 (1st Cir. 1996).

Mr. MacFadyen has handled appellate cases involving a wide range of civil and criminal issues, including labor contracts, constitutional questions, tax fraud, money laundering, environmental issues, conspiracy, toxic torts, mail and wire fraud, will contests, obtaining money under false pretenses, bank fraud, driving under the influence and probate and family matters, among many other issues.

Mr. MacFadyen has served as member and president of the Rhode Island Board of Bar Examiners, as well as a member of the Board's Character and Fitness Committee.

In 1995, John MacFadyen was inducted as a Fellow of the American Academy of Appellate Lawyers. He was among the few appellate experts in the nation whose trial experience was of sufficient scope and quality to warrant election as a Fellow of the American Academy of Trial Lawyers in 1997. He was inducted in 2006 as a Fellow of the International Academy of Trial Lawyers. He is the author of numerous articles on legal practice in Rhode Island as well as the co-author of a book on Rhode Island criminal procedure.

Mr. MacFadyen was chosen by Super Lawyer Magazine in 2007, 2008 and 2009 as one of Rhode Island's 10-Best Lawyers.


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John A. MacFadyen, Esq. Lise J. Gescheidt, Esq. C. Leonard O'Brien, Esq. B. Jean Rosiello, Esq. Tamara A. Barney, Esq. Ellen Taylor, Legal Assistant Diane Patry, Office Manager PRACTICE AREAS Appellate Litigation Criminal Defense Constitutional Litigation Commercial Litigation BAR ADMISSIONS Rhode Island (1974) Massachusetts (1974) United States District Court, District of Rhode Island (1976) United States Court of Appeals, First Circuit (1983) Supreme Court of the United States (1979) EDUCATION Boston University School of Law, J.D. (1974) Harvard College, A.B. (1970) BACKGROUND Partner, MacFadyen, Gescheidt & O'Brien, 2004-present Law Office of John A. MacFadyen, 1983-2003 Vetter & White, 1981-1983 Office of Public Defender, Chief Appellate Attorney and Appellate Attorney, 1975-1981 Law Clerk to Supreme Court of Rhode Island, 1974-1975 PROFESSIONAL ACTIVITIES Fellow, International Academy of Trial Lawyers, 2006-present Fellow, American College of Trial Lawyers, 1997-present Fellow, American Academy of Appellate Lawyers, 1995-present Member and Chair, Board of Bar Examiners, 1997- 2007 Member, Character and Fitness Committee Member, National Association of Criminal Defense Lawyers PUBLICATIONS / LECTURES MacFadyen and Hurst, Rhode Island Criminal Procedure (Butterworth, 1989) Hurst and MacFadyen, Defense Discovery: The Keys to the Storehouse of Relevant Fact, 19 Suffolk Univ.L.Rev. 261 (1985) Co-author, Recent Developments in the Law (R.I. Bar Assoc. Cont. Legal Educ. 2000-2008) Co-author, The Keys to Appellate Practice (R.I. Bar Assoc. Cont. Legal Educ. 1993) Co-author, Criminal Law Practice in Rhode Island (R.I. Bar Assoc. Cont. Legal Educ. 1992) AWARDS / ACHIEVEMENTS Named Lawyer of the Year for 2009 by Rhode Island Lawyers Weekly Magazine (12/28/09 ed.) Selected for inclusion in the Best Lawyers of America from 1989 to 2009, currently listed in the specialties of Appellate Law, Commercial Litigation, White Collar Criminal Defense, and Non-White Collar Criminal Defense Chosen as one of Rhode Island's 10-Best Lawyers by Super Lawyer Magazine, (2007 through 2009)			John A. MacFadyen Attorney at Law Tel: 401.751.5090 Fax: 401.751.5096 email John A. MacFadyen
		John A. ("Terry") MacFadyen has been litigating in state and federal courts for more than thirty years at both the trial and appellate levels. He specializes in devising strategies for clients involved in complex civil and criminal trials, and in pursuing civil and criminal appeals. He is often asked for advice on ways to avoid litigation. At the other end of the adversarial process, he has briefed and argued hundreds of appeals, including cases in the Supreme Court of Rhode Island, the First Circuit Court of Appeals and the United States Supreme Court. Mr. MacFadyen has played a role in many of Rhode Island's most significant legal cases. He has represented a governor, the Supreme Court of Rhode Island, the Rhode Island General Assembly, mayors of Rhode Island cities, a Brown University official, a Speaker of the House of Representatives, one of the parties charged in the Station nightclub fire, shipping companies and executives in the World Prodigy and North Cape oil spill cases, and a Newport socialite accused of attempting to murder his wife, among others. John MacFadyen recently wrote and argued the lead brief in State v. Lead Industries Association, et al., 951 A.2d 428 (R.I. 2008), in which the Supreme Court of Rhode Island reversed and vacated a multi-billion dollar verdict against his client following the longest and most complex civil trial in Rhode Island's history. He also successfully overturned a hospital executive's conviction for honest services mail fraud in United States v. Urciuoli, et al., 513 F.3d 290 (1st Cir. 2008), leading to her acquittal on retrial late in 2008. Mr. MacFadyen's first case in the United States Supreme Court in 1980 had a landmark effect, setting the national standard for custodial interrogations. Rhode Island v. Innis, 446 U.S. 291 (1980). In 1985, Mr. MacFadyen was co-counsel in State v. von Bulow, 475 A.2d 995 (R.I. 1984), cert. denied, 469 U.S. 875 (1984), winning the reversal of Mr. von Bulow's conviction for the attempted murder of his wife, Sunny, and setting the stage for Mr. von Bulow's subsequent acquittal on retrial. In 1992, Mr. MacFadyen represented Ann McMaugh, a battered woman convicted of jointly carrying out a murder with her husband while under his control. On appeal of a post-conviction application, Mr. MacFadyen persuaded the Court to recognize the battered woman's syndrome for the first time in Rhode Island's history. State v. McMaugh, 612 A.2d 725 (R.I. 1992). In 1996, representing the Rhode Island General Assembly before the First Circuit Court of Appeals, Mr. MacFadyen won recognition of the legality of the Assembly's restriction on private lobbying on the House floor. National Assoc. of Social Workers v. Harwood, 69 F.3d 622 (1st Cir. 1996). Mr. MacFadyen has handled appellate cases involving a wide range of civil and criminal issues, including labor contracts, constitutional questions, tax fraud, money laundering, environmental issues, conspiracy, toxic torts, mail and wire fraud, will contests, obtaining money under false pretenses, bank fraud, driving under the influence and probate and family matters, among many other issues. Mr. MacFadyen has served as member and president of the Rhode Island Board of Bar Examiners, as well as a member of the Board's Character and Fitness Committee. In 1995, John MacFadyen was inducted as a Fellow of the American Academy of Appellate Lawyers. He was among the few appellate experts in the nation whose trial experience was of sufficient scope and quality to warrant election as a Fellow of the American Academy of Trial Lawyers in 1997. He was inducted in 2006 as a Fellow of the International Academy of Trial Lawyers. He is the author of numerous articles on legal practice in Rhode Island as well as the co-author of a book on Rhode Island criminal procedure. Mr. MacFadyen was chosen by Super Lawyer Magazine in 2007, 2008 and 2009 as one of Rhode Island's 10-Best Lawyers.