Commonwealth v. John Doe – Lawrence District Court
FELONY CONVICTION FOR CARRYING A DANGEROUS WEAPON VACATED. CASE DISMISSED.
In 1988, the Defendant, represented by court-appointed counsel, was convicted of Carrying a Dangerous Weapon (G.L. c. 269, §10(b)). The Defendant, now in his 60s, attempted to purchase a firearm in his home state of New Hampshire, but was denied after a federal background check showing this felony conviction. A felony conviction made him a federal prohibited person. Attorney Patrick J. Noonan filed a motion for new trial arguing that the defendant’s guilty plea was not made knowingly, intelligently, and voluntarily, as he was under the impression that his case was dismissed upon the payment of a fine. He didn’t realize that his case resulted in a conviction until several decades later. Attorney Noonan also argued that this conviction was unlawful because it was not a crime for him to possess a “machete,” the dangerous weapon alleged. The court allowed the motion for a new trial. The Commonwealth decided not to prosecute. The case was dismissed.