In a recent Massachusetts case, the defendant appealed from convictions for receiving stolen property and trafficking in heroin. The case arose when the police received a report that someone had stolen a generator from a construction site. The surveillance video depicted a truck leaving the construction site with the generator.…
In a recent Massachusetts appellate case, the defendant was found guilty of breaking and entering in the daytime, intending to commit a felony in violation of MGL chapter 266, § 18, as well as larceny of property over $250, a violation of MGL chapter 266, § 30 (1). The defendant…
In a recent Massachusetts appellate case, the defendant appealed from a conviction for larceny of more than $250 under MGL c. 266 section 30(1). The defendant argued that the jury should have been given an instruction related to his defense of honest yet mistaken belief that the property was abandoned,…
In a recent Massachusetts appellate case, a juvenile was found delinquent on a charge of assault and battery. He appealed, arguing that the judge had made a mistake in denying his motion for a required finding of not guilty and requiring him to pay restitution when there was no causal…
In a recent Massachusetts appellate decision, the defendant was convicted of violating MGL c. 266 section 30(1). This section criminalizes larceny by false pretenses involving over $250. To secure a conviction, the Commonwealth is supposed to prove beyond a reasonable doubt that the defendant made a false statement of fact that…
In a recent Massachusetts appellate case, the court considered whether certain aspects of the Crime Bill applied to drug crimes. The defendant had been charged before the effective date of the law but convicted after it. The case arose when he was observed by cops performing what they thought were…
In Commonwealth v. Marcelin, the defendant was convicted of trafficking in oxycodone, a Class B substance. After being convicted, he pled guilty to conspiring to violate drug laws. The case arose in 2011, when a USPS inspector saw a package he believed might contain illegal drugs. What triggered his suspicion…
In Commonwealth v. Burns, a Massachusetts appellate court considered a conviction for an after-hours break-in and larceny of items valued over $250. The case arose when somebody broke and entered a jewelry store after hours and stole jewelry. At trial, there was testimony that the defendant admitted he stole from…
In Commonwealth v. Dow, a defendant appealed after being convicted of multiple counts, including possession of a class B substance under G. L. c. 94C, § 34, a class C substance under G. L. c. 94C, § 34, illegally possessing a firearm and ammunition, possessing without a firearm identification card,…
In Commonwealth v. Jones, the appellate court considered a case in which the defendant was convicted of violating M.G.L. c. 265, § 13M, assault and battery on a family member. In 2015, the defendant and his wife were at home. The wife was using the husband’s cell phone to get…