Legal Opinion

Commonwealth v. Delima

Massachusetts Appeals Court

Decided February 8, 2019No. 18-P-506Published

1Opinion of the Court

The defendant appeals from her conviction, after a jury trial, of violating a harassment prevention order (HPO). G. L. c. 258E, § 9. She argues that there was insufficient evidence that she engaged in any harassment in violation of the HPO. We agree, and we therefore reverse the conviction, without reaching any of the numerous other issues she raises.

Background. Viewing the evidence in the light most favorable to the Commonwealth, see Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), the jury could have found the following facts. The defendant lived next door to a man whom we shall…

2Cases cited5 opinions

  1. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  2. O'BRIEN v. BorowskiMassachusetts Supreme Judicial Court · 2012
  3. Commonwealth v. WelchMassachusetts Supreme Judicial Court · 2005
  4. Van Liew v. StansfieldMassachusetts Supreme Judicial Court · 2016
  5. A.R. v. L.C.Massachusetts Appeals Court · 2018

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