Legal Opinion · Dissent

Commonwealth v. Resende

Massachusetts Supreme Judicial Court

Decided June 9, 2016No. SJC 11849Published

1DissentCordy, J.

(dissenting in part, with whom Spina, J., joins). I agree that the defendant’s motions to suppress were properly denied. I disagree that the Massachusetts armed career criminal act, G. L. c. 269, § 10G (ACCA), is ambiguous, and would adopt what I perceive to be the plain meaning of its words: previous convictions are convictions occurring prior to the ACCA violation for offenses “arising from separate” criminal incidents. Crimes arising from separate incidents are crimes committed on different occasions as contrasted with multiple crimes arising out of a single occasion or criminal episode.

The…

2Cases cited8 opinions

  1. Watson v. StateCourt of Criminal Appeals of Alabama · 1980
  2. United States v. Vincent Jay LetterloughCourt of Appeals for the Fourth Circuit · 1995
  3. State v. EllisNebraska Supreme Court · 1983
  4. United States v. James ElliottCourt of Appeals for the Seventh Circuit · 2012
  5. Linn v. StateCourt of Appeals of Alaska · 1983

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