Commonwealth v. Livington

A District Court jury convicted the defendant of reckless operation of a motor vehicle and acquitted him of carrying a firearm without a license and possession of ammunition without a license.2 On appeal, the defendant claims that (1) the *746evidence was insufficient to demonstrate that his operation of the motor vehicle was reckless; and (2) his lawyer was ineffective for failing to request a jury instruction on the defense of necessity.

Facts. The jury could have found the following facts. On March 15, 2005, the defendant offered to give Renaldo Cox a ride to his math class that started at 8:00…