Legal Opinion · Concurrence

Commonwealth v. Gomes

Massachusetts Appeals Court

Decided September 19, 2003No. 02-P-441Published

1ConcurrenceMcHugh, J.

I agree that the convictions should *345be affirmed. I also agree with the majority’s reasoning in the cases involving Gomes, Taylor, and Aguinaldo Fernandes. In the case involving Amaldo Fernandes (Amaldo), however, I do not believe that affirmance of the conviction requires the discussion set forth in part 5 of the majority’s opinion, nor do I believe that affirmance requires us to reach out for the majority’s broad and sweeping declaration, ante at 333, that “an individual may not forcibly resist even an unlawful entry into his residence by one who he knows or has good reason to believe is a…

2Cases cited16 opinions

  1. United States v. United States District Court for the Eastern District of MichiganSupreme Court of the United States · 1972
  2. Miller v. United StatesSupreme Court of the United States · 1958
  3. Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
  4. Lockhart v. Attorney GeneralMassachusetts Supreme Judicial Court · 1984
  5. Commonwealth v. DominicoMassachusetts Appeals Court · 1974

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