Criminal – Child pornography – Double jeopardy
Where a defendant was convicted of six counts of possessing child pornography based on photographs culled from a single cache on his computer, the entry of six separate convictions and sentences...
View ArticleCriminal – Double jeopardy – Murder
Where two defendants were convicted of first-degree murder following a retrial, the convictions did not double jeopardy principles despite the jurors’ initial report at the first trial that they found...
View ArticleCriminal – Double jeopardy – Acquittals – Bribery
Where two defendants have argued that the principles of double jeopardy preclude them from being retried for bribery, that argument must be rejected despite the fact that a jury acquitted the...
View ArticleCriminal – CPSL – Double jeopardy
Where a defendant who was sentenced in 2002 to community parole supervision for life moved to correct his sentence after the Supreme Judicial Court held in Commonwealth v. Pagan, 445 Mass. 161, 162...
View ArticleCriminal – Double jeopardy – Larceny – Receiving stolen property
Where a defendant was acquitted on a charge of receipt of stolen property, neither principles of double jeopardy nor equitable principles barred a subsequent prosecution for larceny of the same...
View ArticleCriminal – Double jeopardy – Guilty pleas – Jury trial
Where a single justice denied the defendant’s motion to reinstate his direct appeal on the ground that the defendant did not demonstrate “excusable neglect” for his untimely filing of status reports,...
View ArticleMotor vehicles – Double jeopardy – OUI
Where the commonwealth charged a defendant under G.L.c. 90, §24, under both the “per se” and “impaired ability” theories, a jury verdict for the defendant under the “impaired ability” theory did not...
View ArticleCriminal – Double jeopardy – Lesser included offense
Where the defendant argued that, after her conviction of assault and battery was reversed on direct appeal, she could not be retried on either the originally charged offense of assault and battery by...
View ArticleCriminal – Mistrial – Double jeopardy
Where (1) four defendants were indicted in a scheme to deprive a stock proxy tabulation firm of the honest services of one of its employees, (2) one of the jurors was excused after his wife was...
View ArticleCriminal – Double jeopardy
Where (1) a jury convicted a defendant of unlawfully carrying a firearm, unlawfully carrying a loaded firearm, and unlawfully carrying ammunition, and (2) those convictions were vacated because the...
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