The Appeals Court ruled in Commonwealth v. Resende (1) that the evidence in support of the charge of possession of a loaded firearm without a license, pursuant G.L. c.269, §10(n), “was sufficient to permit the fact finder to infer that the defendant had knowledge that the firearm was loaded”; and (2)…
In Commonwealth v. Arthur, the Appeals Court reversed the suppression of the contents of cell phones seized by the police, because the judge erroneously ruled that “the police unreasonably delayed obtaining a warrant to search the contents of” the phones. The basic facts were as follows. “[T]he defendant and two…
The Appeals Court vacated the dismissal of the plaintiff’s complaint that sought a G.L. c.209A abuse prevention order in M.G. v. G.A., because the trial court judge erroneously found that the parties’ conduct at the critical juncture did not constitute “sexual relations.” The background was as follows. “[T]he plaintiff, M.G.,…
In Commonwealth v. Childs, the Appeals Court affirmed the defendant’s convictions of indecent assault and battery and indecent assault and battery on a child. In its decision, the Appeals Court ruled that the judge properly admitted evidence of uncharged misconduct by the defendant toward the complainant, in order “to show the…
The Appeals Court recently issued a decision in Commonwealth v. Bruno-O’Leary, reversing the revocation of the defendant’s probation because the judge “did not sufficiently consider [the defendant’s] financial resources and obligations before deciding to find her in violation.” The background was as follows. In 2009, the defendant pleaded guilty to…
A divided SJC reversed the defendant’s convictions for various sex offenses – rape of a child and indecent assault and battery upon a child – in Commonwealth v. Alvarez because the prosecutor, in her closing argument, erroneously “told the jury of critical corroborative evidence that was not presented at trial.” The background…
In Sharris v. Commonwealth, the Supreme Judicial Court dismissed the indictments against the defendant (including one for first degree murder). In its decision, the SJC ruled that “[b]ecause it is undisputed that the defendant will never become competent, allowing charges that can never be resolved at a trial to remain pending…
The Appeals Court ruled in Commonwealth v. Sudler that the evidence was insufficient to support the defendant’s conviction of battery with intent to intimidate causing bodily injury, pursuant to G.L. c.265, §39(b) on the ground that the victim’s injury, “two cut fingers,” did not constitute “‘substantial impairment of the [victim’s] physical…
The Supreme Judicial Court ruled in Commonwealth v. Rosado that the Commonwealth had failed to prove, pursuant to the doctrine of forfeiture by wrongdoing, that the defendant forfeited his right to object to the admission of a witness’s out-of-court statements. The background was as follows. “The defendant … is the former…
In Commonwealth v. Perez (Perez II), the Supreme Judicial Court “clarif[ied] the extraordinary circumstances requirement,” as set forth in Commonwealthv. Perez, 477 Mass. 677 (2017) (Perez I), which might “justify[] longer periods of incarceration prior to eligibility for parole for juveniles who did not commit murder than for those who did.”…