Legal Opinion

Commonwealth v. Marcavage

Massachusetts Appeals Court

Decided December 23, 2009No. 08-P-1294PublishedCited by 6 opinions

1Opinion of the CourtMills, J.

The defendant, a street evangelist, was arrested on Halloween night, 2007, in the city of Salem and charged with disorderly conduct, G. L. c. 272, § 53. He was convicted following a bench trial in the District Court, and argues on appeal that (a) the evidence was insufficient; (b) he received inadequate notice of the Commonwealth’s theory of the case; and (c) the *35confiscation of a megaphone by police violated various State and Federal constitutional protections. We affirm.

Background.1 The defendant is the director of a proselytizing group that visits Salem each Halloween to preach to the…

2Cases cited12 opinions

  1. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  2. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
  3. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  4. Freedman v. MarylandSupreme Court of the United States · 1965
  5. Commonwealth v. SholleyMassachusetts Supreme Judicial Court · 2000

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3Cited by6 opinions

  1. COMMONWEALTH v. MANOLO M., a Juvenile (And Two Companion Cases)Massachusetts Supreme Judicial Court · 2025
  2. Commonwealth v. CumbaMassachusetts Appeals Court · 2019
  3. Deluca v. MernerDistrict Court, District of Columbia · 2018
  4. Marcavage v. MassachusettsSupreme Court of the United States · 2010
  5. Michael Picard v. Stephen RidgeDistrict Court, D. Massachusetts · 2026

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