Appeals court probes sufficiency of evidence used to establish ACCA predicate felonies in Mallory case Defense counsel argued the Commonwealth failed to prove that three prior convictions met the ACCA's violent‑felony definition because the ACCA jury lacked plea/ instruction records and testimony was not probative of what the original juries decided; Commonwealth urged broader admissibility under Ashford and relied on witness testimony and certified records.

The Appeals Court is diving deep into whether the Commonwealth has enough evidence to label three prior convictions as violent felonies in a pivotal case that could reshape legal standards.

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Appeals court hears challenge to sufficiency of evidence in Commonwealth v. Smith second‑degree murder conviction At the Nov. 7, 2025 sitting, the Massachusetts Appeals Court heard argument over whether the evidence was sufficient to sustain a second‑degree murder conviction in Commonwealth v. Smith. Defense counsel argued the prosecution relied on inference after inference and that critical mens rea — knowledge that a deadly attack was likely — was not shown.

The Massachusetts Appeals Court is questioning whether enough evidence supports a second-degree murder conviction in the gripping case of Commonwealth v. Smith.

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Appeals court hears challenge to firearm conviction over CJIS search evidence and unrelated‑investigation testimony In Commonwealth v. Lassiter Franklin (24P580), defense counsel argued the Commonwealth failed to tie the CJIS database search terms and date of birth to the defendant, relying on the Supreme Judicial Court’s decision in Commonwealth v. Quentin Smith and a recent unpublished decision, Laquan Brown. The Commonwealth responded that the defendant’s on‑

In a pivotal appeal, defense counsel argues that a lack of concrete evidence linking the defendant's identity to a firearm conviction could overturn the case entirely.

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