Commonwealth v. Hamilton (Lawyers Weekly No. 11-037-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 14-P-625 Appeals Court COMMONWEALTH vs. BRAD D. HAMILTON. No. 14-P-625. Worcester. December 12, 2014. – April 13, 2015. Present: Rubin, Milkey, & Carhart, JJ. Assault and Battery. Hypodermic Needle. Wanton or Reckless Conduct. Practice, Criminal, Required finding, Instructions to jury. Indictment found and returned in the Superior Court Department on December 13, 2012. The case was tried before Daniel M. Wrenn, J. Rebecca Kiley, Committee for Public Counsel Services, for the defendant. Stephen J. Carley, Assistant District Attorney, for the Commonwealth. CARHART, J. The defendant appeals from his conviction of assault and battery by means of a hypodermic syringe or needle (hypodermic needle, or needle) in violation of G. L. c. 265, § 15C(b),[1] arguing that the evidence was insufficient to support a conviction and that the trial judge erroneously instructed the jury. We affirm. Background. “Viewing the evidence in the light most favorable to the Commonwealth, the jury could have found the following facts.” Commonwealth v. Angelo Todesca Corp., 446 Mass. 128, 129 (2006). On July 16, 2012, Worcester police Officer Ryan Stone responded to a call for a “wellness check” at a Price Chopper store and was directed to the bathroom. Officer Stone entered the bathroom and ordered the person inside the stall to come out. The defendant came out of the stall and put his hands on the wall. Officer Stone observed items used to clean or use a hypodermic needle on the back of the toilet in the stall, and also observed something in the defendant’s right hand. He asked the defendant to drop what he was holding, but the defendant did not do so. The officer asked the defendant “where the needle was,” and the defendant answered that the needle was in his pocket. Officer Stone told the defendant that he was going to be placed in handcuffs and asked him to put his hands behind his back. Receiving no response from the defendant, Officer Stone took the defendant’s left hand, placed it behind his back, and cuffed it. As the officer reached for the defendant’s right hand, he again ordered the defendant to drop whatever was in his right hand. Officer Stone felt the defendant tense up, and as the officer attempted to cuff his hand, the defendant jerked and thrust it at Officer Stone. Officer Stone “felt […]
Commonwealth v. Hamilton (Lawyers Weekly No. 11-044-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 11‑P‑1568 Appeals Court COMMONWEALTH vs. DEANNE J. HAMILTON. No. 11‑P‑1568. Plymouth. December 5, 2012. ‑ March 13, 2013. Present: Kafker, Milkey, & Agnes, JJ. Controlled Substances. Evidence, Constructive possession, Expert opinion. Practice, Criminal, Motion for a required finding, Indictment, Motion to suppress. Search and Seizure, Warrant, Affidavit. Witness, Expert. Indictments found and returned in the Superior Court Department on February 1, 2008. A motion to dismiss and a pretrial motion to suppress evidence were heard by Jeffrey A. Locke, J.; the cases were tried before Barbara A. Dortch‑Okara, J., and a motion to set aside the verdict and enter a finding of not guilty was heard by her. Jessica L. Healy, Assistant District Attorney, for the Commonwealth. Kathleen M. O’Connell for the defendant. KAFKER, J. A judge of the Superior Court set aside jury verdicts on various drug offenses as well as a subsequent offender finding, concluding that there was insufficient evidence that the defendant constructively possessed the cocaine found in her apartment. On the Commonwealth’s appeal, we conclude that the evidence was sufficient to establish constructive possession. None of the other issues raised by the defendant in her cross appeal warrants disturbing the jury verdicts and finding. We therefore reverse the judge’s order and reinstate the jury verdicts, the subsequent offender finding, and the judgments. 1. Background. On February 1, 2008, the defendant was indicted for possession of cocaine with intent to distribute, second or subsequent offense, in violation of G. L. c. 94C, § 32A(c) and (d), and for doing so in a school zone, in violation of G. L. c. 94C, § 32J. She made a motion to suppress evidence, not currently before this court, which was denied. After obtaining new counsel, she moved to dismiss the indictment based on purportedly prejudicial evidence presented to the grand jury, and moved to suppress evidence for violation of the search warrant particularity requirement. Both motions were denied. After the jury returned guilty verdicts,[1] the defendant renewed her motion for a required finding of not guilty pursuant to Mass.R.Crim.P. 25(b)(2), 378 Mass. 896 (1979), and the trial judge allowed the motion and ordered the entry of not guilty findings, relying chiefly on Commonwealth v. Boria, 440 Mass. 416 (2003) (Boria), and Commonwealth v. Brown, 34 Mass. App. Ct. 222 (1993) (Brown). The Commonwealth […]