Com. v. McCollum

Commonwealth v. McCollum
Massachusetts Appeals Court
April 14, 2011
79 Mass. App. Ct. 239

Firearms, Controlled Substances, Confrontation of witnesses, Motion to suppress, Warrant, Affidavit, Certificates of analysis, Search and Seizure, Protective sweep.

The defendant appealed his convictions for possession of cocaine, possession of a firearm, and possession of ammunition without a firearms identification (FID) card.  The Appeals Court reversed the defendant’s conviction for possession of cocaine, finding that the Commonwealth did not present sufficient evidence to show that the defendant constructively possessed the cocaine.  The Appeals Court also reversed the defendant’s conviction for possession of a firearm because of the Melendez-Diaz error in admitting the certificate of analysis into evidence.  The Appeals Court affirmed the defendant’s conviction for possession of ammunition without an FID card, finding that there was sufficient evidence for the conviction and there was harmless error beyond a reasonable doubt in the admission of the certificate of analysis for the ammunition into evidence.  Lastly, the Court rejected several of the other errors the defendant claimed.

Com v. Young

Commonwealth v. Justin L. Young
Massachusetts Court of Appeals
January 6, 2010
Docket No. 09-P-1721

Search and Seizure, Automobile, Arrest, Controlled Substances, Firearms


A judge sitting jury-waived found the defendant guilty of carrying a firearm without a license, possession of ammunition without a firearm identification card, and unlawful possession of a loaded firearm.  The defendant appeals this decision, arguing that the trial judge erred in denying his motion to suppress evidence and statements obtained during a pat frisk taken as a result of his physical response to an exit order by the arresting police officers.  Defendant contends that the exit order leading to the frisk of his person and discovery of the handgun was unlawful because 1) there was no basis for stopping the vehicle initially and 2) the Fourth Amendment and art. 14 of the MA Declaration of Rights forbid the exit order given to him as a passenger in the vehicle.

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)?