Commonwealth v. Dobbins

On May 23, 2007, a jury convicted the defendant, Kevin T. Dobbins, of resisting arrest, G. L. c. 268, § 32B.1 The defendant appeals from that conviction, arguing that the judge’s failure to give either a limiting instruction regarding which of the defendant’s actions could constitute resisting arrest, or a unanimity instruction, resulted in a substantial risk of a miscarriage of justice. We affirm.

Background. Based on the evidence at trial, the jury could have found the following facts. On May 3, 2003, a neighbor of *556the defendant alerted Woburn police that a man he believed to be the…