Commonwealth v. Jorge Arias
Massachusetts Court of Appeals
December 15, 2010
Docket No. 09-P-1792
Larceny, Assault by Means of a Dangerous Weapon, In-Court Identification, Special Verdict Slip
The jury found the defendant guilty for larceny over $250, assault by means of a dangerous weapon, reckless operation of a motor vehicle, and failure to stop for a police officer. The defendant appealed this decision, arguing that the absence of a special verdict slip for the charge of assault by means of a dangerous weapon created a miscarriage of justice; that there was insufficient evidence to support his conviction of assault by means of a dangerous weapon; and that the judge abused his discretion in denying his request for a "non-suggestive" in-court identification procedure.
Wednesday, December 15, 2010
Friday, December 10, 2010
Com v. Cornelius
Commonwealth v. Clint A. Cornelius
Massachusetts Court of Appeals
December 10, 2010
Docket No: 08-P-1655
Firearms, Firearms without License
Superior Court judge decided three questions of law that are the topic of the appeal:
1) Does G.L. c. 269, sec. 10(a) require proof that a defendant "carried" a firearm?;
2) Does the satisfaction of the firearm identification card exception in G.L. c. 140, sec. 129C(j) satisfy the firearm possession exemption in G.L. 269, sec. 10(a)(4) by itself?; and
3) Whether satisfaction of the firearm identification card exception in G.L. c. 140, sec. 129C(j) is a defense for violation of G.L. c. 269, sec. 10(m)?
Massachusetts Court of Appeals
December 10, 2010
Docket No: 08-P-1655
Firearms, Firearms without License
Superior Court judge decided three questions of law that are the topic of the appeal:
1) Does G.L. c. 269, sec. 10(a) require proof that a defendant "carried" a firearm?;
2) Does the satisfaction of the firearm identification card exception in G.L. c. 140, sec. 129C(j) satisfy the firearm possession exemption in G.L. 269, sec. 10(a)(4) by itself?; and
3) Whether satisfaction of the firearm identification card exception in G.L. c. 140, sec. 129C(j) is a defense for violation of G.L. c. 269, sec. 10(m)?
Wednesday, December 8, 2010
Com v. Hadley
Commonwealth v. Dennis Hadley
Massachusetts Court of Appeals
December 8, 2010
Docket No. 09-P-1177
Motion to Suppress, Voluntariness of statement, Miranda waiver, Involuntary manslaughter, battery
A jury in the Superior Court found the defendant guilty of involuntary manslaughter by battery. Defendant appeals the verdict on the grounds that there was insufficient evidence to support his conviction and the judge wrongly refused to suppress two separate sets of statements: oral and written statements made shortly after the battery and oral statements made two years after the incident.
Massachusetts Court of Appeals
December 8, 2010
Docket No. 09-P-1177
Motion to Suppress, Voluntariness of statement, Miranda waiver, Involuntary manslaughter, battery
A jury in the Superior Court found the defendant guilty of involuntary manslaughter by battery. Defendant appeals the verdict on the grounds that there was insufficient evidence to support his conviction and the judge wrongly refused to suppress two separate sets of statements: oral and written statements made shortly after the battery and oral statements made two years after the incident.
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