Legal Opinion

Commonwealth v. Garcia

Massachusetts Appeals Court

Decided September 11, 2015No. AC 14-P-21PublishedCited by 2 opinions

1Opinion of the CourtRubin, J.

After a bench trial, the defendant was convicted of carrying an unlicensed firearm and of carrying a loaded firearm in violation of G. L. c. 269, § 10(a) and (n). In this appeal, the defendant asserts that he is entitled to a new trial because his colloquy with the judge was inadequate to provide the judge with a basis for concluding that the defendant voluntarily and intelli gently waived his right to a jury trial. He also argues that the judge improperly denied a motion to suppress. We address each of these in turn.

1. The colloquy. To be effective, a defendant and judge’s colloquy…

2Cases cited13 opinions

  1. Ciummei v. CommonwealthMassachusetts Supreme Judicial Court · 1979
  2. Commonwealth v. CarrionMassachusetts Supreme Judicial Court · 1990
  3. Commonwealth v. DePeizaMassachusetts Supreme Judicial Court · 2007
  4. Commonwealth v. WrenMassachusetts Supreme Judicial Court · 1984
  5. Commonwealth v. PavaoMassachusetts Supreme Judicial Court · 1996

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3Cited by2 opinions

  1. Walker v. FeminoDistrict Court, District of Columbia · 2018
  2. Walker v. McGrathDistrict Court, D. Massachusetts · 2018

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