Recently, a Massachusetts court denied a defendant’s appeal in a firearms case. The defendant had been found guilty of possessing a firearm without a license, and he made four different arguments to try and reverse the original verdict. The court took issue with all four arguments, ultimately denying his appeal…
Recently, the Appeals Court of Massachusetts affirmed a lower court’s denial of a defendant’s motion to suppress evidence. The case arose when the Worcester Police were granted a search warrant for the defendant’s apartment and followed the defendant as he was seen leaving the apartment building in a motor vehicle.…
In a recent opinion, the Supreme Judicial Court vacated a Massachusetts defendant’s possession of a firearm conviction. The case arose when a state trooper followed the defendant’s vehicle and activated his lights to stop the defendant for driving five miles over the speed limit. The defendant sped, parked, and fled…
Recently, the Massachusetts Supreme Judicial Court vacated a lower court’s order permitting a defendant’s motion to suppress evidence. The Massachusetts criminal case arose when police arrested the defendant in connection with a fatal shooting. According to the court’s opinion, officers confiscated the defendant’s cell phone and then obtained a search…
Recently, a state appellate court issued a decision in a defendant’s motion to dismiss a Massachusetts gun charge. The Commonwealth charged the defendant with a weapons charge in violation of § 10(n), but it did not charge him with the predicate offenses of § 10(a) or (c). A district judge…
Recently, a state appellate court issued an opinion in a Massachusetts gun case, affirming the principle that “a conviction cannot stand if the defendant proves that the jury’s deliberations were infected by racial or ethnic bias.” The case involved a defendant who entered a guilty plea to a sentencing enhancement…
In a recent opinion, the Massachusetts Supreme Judicial Court issued a ruling analyzing sentencing enhancements in crimes committed while in possession of a firearm. The underlying case involved a defendant who was tried and convicted of two counts of assault and battery by means of a dangerous weapon. The defendant…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case discussing the required elements that the prosecution must establish before a judge or jury can return a conviction. Ultimately, the court rejected the defendant’s argument that he lacked knowledge of the specifics of the…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case discussing the “intent” element that must be established by the prosecution to find someone guilty of a discharging a firearm within 500 feet of a public building. Ultimately, the court determined that even an…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case involving the legality of an inventory search that was performed by the arresting officers. Ultimately, the court concluded that the inventory search was not permissible because there was a passenger in the car that…