WILLIAM M. TYREE VS. COMMONWEALTH
[Post-Conviction Relief, “Gatekeeper”]
The petitioner, William M. Tyree, was convicted of murder in the first degree in 1980. The Massachusetts Supreme Judicial Court affirmed the conviction on appeal…
JAKE NICHOLS VS. CHIEF OF POLICE OF NATICK & OTHERS
[License to Carry a Firearm]
Jake Nichols applied to the Natick Police Department for a Class A (large capacity) license to carry in October 2015.
Nichols had a fifteen-y…
COMMONWEALTH VS. EVENS FLEURANCIN
[Sufficiency of Impairment Evidence & Opinion Testimony]
After a jury-waived trial, a judge convicted Evens Fleurancin of operating a motor vehicle while under the influence of marij…
This post will answer the following legal questions on the offense of bail jumping:
What does it mean to be charged with the crime of bail jumping?
How does the Commonwealth prove a defendant guilty of jumping bail?
What is the legal…
EVIDENCE WITH REDACTED MATERIAL
This post will answer the following legal questions about evidence with redacted material:
In a court of law, what is redacted material?
Why do courts redact certain documents?
In a court of law, what is redacted mat…
HOMICIDE BY A MOTOR VEHICLE (FELONY)
This post will answer the following questions on the criminal offense of homicide by a motor vehicle:
What does Commonwealth law have to say on the criminal offense of homicide by a motor vehicle?
How does the C…
Tags: Arraignment, Defenses, Dismissal, Diversion, Evidence, Felony, Homicide By a Motor Vehicle, Misdemeanor, Motor Vehicle, Proof Beyond a Reasonable Doubt, Registry of Motor Vehicles
This post will answer the following questions on the legal concept of transferred intent:
What is transferred intent?
What are examples of transferred intent?
What does the Commonwealth have to prove beyond a reasonable doubt in…
LICENSE OR AUTHORITY
This post will answer the following questions on the legal concept of license or authority:
When does the question of license or authority become applicable in a court of law?
Who has the burden of proving that the defendant d…
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
This post will answer the following questions on the criminal offense of being a common nightwalker:
What is a common nightwalker?
How does the Commonwealth prove a defendant guilty of being a common nightwalker?
Are police allowe…
BURNING INSURED PROPERTY
This post will answer the following questions on the crime of burning insured property in order to defraud its insurer:
What does Commonwealth law say on the crime of burning insured property?
What does the Commonwealth have…
Tags: Arraignment, Arrest, Arson, Assault and Battery, Bill Barabino, Burden of Proof, Criminal, Defenses, Dismissal, Dismissed, Diversion, Felony, Proof Beyond a Reasonable Doubt, Specific Intent, Unlawful Burning